User Terms of Service (ClassPod)

 

These Terms of Service (“Terms”) govern your use of the websites, mobile apps and services, including, without limitation, your registration and/or use of your Account or Class Account, your use and access of any Affiliate Services and/or your use or access of any functionality or tools, including any online classes or class content (as a student) or class or content creation or management tools (as a teacher or administrator), under these Terms and, if applicable, the Online Class Terms (collectively, the “Services”), provided by Allschool Pte. Ltd. and its parent companies, subsidiaries and/or affiliates (“ClassPod”, “we”, “us” and “our”).

By visiting, registering an Account or Class Account for, using or accessing the Services, you agree to be bound by these Terms, which includes the Online Class Terms (if applicable) and any additional terms and conditions and policies referenced herein or accepted or acknowledged by you in your use or access of the Services from time to time. Such Online Class Terms and other terms, conditions and policies are hereby incorporated by reference. If you do not agree to these Terms, you may not use or access the Services.

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

Any terms not capitalised herein shall have the same meaning in the Online Class Terms.

 

1. General

You must be at least 13 years old to use the Services; however, minors of all ages may use the Services if enabled by a parent or legal guardian.

If you are considered a minor in your country, you represent that you have your parent or guardian’s consent to use the Services. Please have them read these Terms with you.

If you are a parent or legal guardian of a minor in your country, by allowing your child to use and access the Services, you are subject to these Terms and responsible for your child’s or ward’s activity in connection with the Services and compliance with these Terms.

If you are using or accessing the Services as an individual or providing your consent to your child’s or ward’s use or access of the Services, you represent that you have capacity to enter into these Terms and perform legally binding contracts under applicable law.

If you are using or accessing the Services as a teacher or administrator using a Class Account, you agree that the Online Class Terms of Service (“Online Class Terms”) will also apply to your use and access of the Services. If you are using or accessing the Services using a Class Account on behalf of another person (“education provider”), you represent and warrant that the education provider has full right and capacity to enter into these 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. 

In the event of any conflict or inconsistency between these Terms, the Online Class Terms and any terms or agreements between ClassPod and the abovementioned education provider (if applicable), such additional 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.

If you are using or accessing the Services using the same account and login details from any other website or application (“Third Party Platform”), the Terms and, if applicable, the Online Class Terms will apply to your use and access of our Services.

 

2. Use of the Services

Subject to your compliance with these Terms, ClassPod grants you a limited, non-exclusive, revocable (with or without cause), non-transferable and non-sublicensable right and license to use and access the Services for your personal, non-commercial and educational purposes only.

You shall use the Services in accordance with applicable laws and these Terms and shall not:

  1. stream, upload, publish or display any photos, videos, audio, images, messages, comments, data, text, links, documents or information (“Content”), including as part of any Lessons (defined below) in the course of your communications with other users, that violates or infringes another party’s rights, including, without limitation, any publicity, privacy, copyright, trademark, intellectual property rights or rights in respect of confidentiality;
  2. reproduce, redistribute, transmit, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer any Classes or Content accessed by you;
  3. copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services;
  4. make any modification, adaptation, improvement, enhancement, translation or derivative work from the Services;
  5. violate any applicable laws, rules or regulations (including any criminal laws) in connection with your access or use of the Services, Classes or the Content;
  6. remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of ClassPod or its affiliates, partners, service providers or licensors;
  7. use the Services, Classes or Content for commercial purposes or purposes other than stated above;
  8. use the Services, Classes or Content in any way to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services, Classes, Content or any service, product or software offered by ClassPod;
  9. use any proprietary information, interfaces or components (including any code or visual components) or any other intellectual property of ClassPod in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services;
  10. use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, racially or ethnically objectionable and/or in breach of applicable laws;
  11. use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters, including by means of any communication or messaging service within the Services (if any);
  12. upload to, or transmit through the Services any data, file, software, link or Content that contains or redirects to a virus, Trojan horse, worm or other harmful components;
  13. use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy, monitor, use or operate any part of the Services, Classes or Content, or any data or content found or accessed through the Services;
  14. collect any information in respect of other users in breach of any privacy or data protection laws or privacy-related rights;
  15. commit any act to avoid paying any applicable fees and/or charges or to bypass any restrictions or paywalls;
  16. attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or promotional codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own services; 
  17. authorise or encourage anyone to do any of the foregoing.

We reserve the right to, at our discretion, restrict, suspend or terminate your use or access to the Services, Classes, Content and/or your Account or Class Account (as may be applicable) for any reason at any time, including, without limitation, for breach of applicable laws or these Terms.

 

3. Account

You will need an account (“Account”) to use or access parts of the Services, including, without limitation, to use or access Classes and/or Content provided by the relevant teachers or education providers.

You must, in setting up and maintaining your Account, provide and continue to provide accurate and complete information, including a valid email address or contact number (if applicable).

You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your 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.

Unless expressly permitted by us, you may not set up multiple Accounts. You may not transfer, lend or sell your Account to another party or use another user's Account.

If you contact us to request access to an Account, we will not grant you such access unless you can provide us with information proving that you are the owner of that Account. In the event of the death of a user, the Account of that user will be closed.

You must notify us immediately of any unauthorised use (or if you suspect any other breach of security) of your Account by contacting us using our contact details below. We may request information from you to confirm that you are indeed the owner of your Account.

You must be at least 18 years of age to create an Account. If you are younger than 18, you may not set up an Account, but may invite a parent or guardian to open an Account and help you use or access Classes and Content appropriate for you. If we discover that you have created an Account that violates these rules, we will terminate your Account.

You may delete your account in accordance with the Terms of Account Deletion [link].

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

 

4. Classes

As part of the Services, you may be allowed to access to live or recorded online lessons (each a “Lesson”) provided by teachers and education providers, together with any Content uploaded by them (collectively, “Classes”), to the extent you are provided access to such Classes and Lessons by a teacher or education provider.

Such Classes will be provided by such teacher, on such topic, for such duration, on such schedule and with such minimum and/or maximum number of students as a teacher or education provider (as may be the case) may determine from time to time, subject to any additional terms that may apply between you and such teacher, education provider or any Third Party Platform.

Any payments, rescheduling, cancellations, refunds, promotional terms, discounts and/or credits, if any, in respect of the Class(es) and/or Content and the terms (including any license terms) on which the Class(es) and/or Content are provided to you by a teacher, education provider or Third Party Platform will be between you and such person. ClassPod will not be liable or responsible for any such Class(es) and/or Content or the performance or non-performance of obligations by any party under such terms.

Lessons may be automatically recorded as part of the Services for the purposes of (i) if provided by a teacher or education provider, making such Lesson(s) available to students who missed or wish to review the Lesson(s), (ii) for a teacher’s, education provider’s and/or our review for the purpose of improving the Services and/or Classes, and (iii) for our customer support, legal and record-keeping purposes.

To the extent Lessons are recorded, and such recordings contain personal data, the collection, use and/or disclosure of such personal data will be governed by our Privacy Policy (defined below). By using the Services and/or attending any Class(es) or Lesson(s), you consent to you and/or your child appearing in such recordings for the purposes set forth above and in our Privacy Policy.

 

5. Payments

Save where your Account, Class Account and/or use or access of the Services and certain Class(es) and/or Content (as may be applicable) is included in the terms between yourself and a teacher, education provider or Third Party Platform (for students) or the terms between ClassPod and the education provider on behalf of which you are using or accessing the Services or the terms between yourself and a Third Party Platform (for teachers and administrators), you will be charged for your use and access of the Services through your Account or Class Account (as may be the case) 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) (“Fees”).

You agree to pay the Fees for your use and access of the Services through your Account or Class Account (as may be applicable). Such Fees are in addition to any class, lesson or other fees that may be separately charged by a teacher, education provider or Third Party Platform for the Class(es) and/or Content accessed by you. You authorize us to charge your credit card, debit card or such payment method provided at the time of purchase for the payment of the Fees. You agree to keep your Account or Class Account and other information, including your email address and contact number updated, so that we can contact you as needed.

You agree to use a valid payment method when paying the Fees. If your payment fails and you get access to the Services, you agree to pay us the corresponding Fees within five (5) days of notification from us. We reserve the right to disable access in respect of any Account or Class Account for which we have not received adequate payment.

The price applicable for the Fees will be the price at the time you complete your purchase, as listed at checkout. All Fees are payable in the currency specified at checkout at the time of purchase. 

All payments are handled by third party payment processors.

We reserve the right to, at our discretion, prohibit, limit, cancel any order you place with us for any reason, including, without limitation, any actual or suspected breach of applicable laws or these Terms. In the event that we limit or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to prohibit, limit or cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors.

We may offer promotional or discount codes or gift cards from time to time. These codes or gift cards and any credits granted to you, if any, may expire if not used within the period of validity of these codes, gift cards or credit being granted (inclusive of the date on which such codes, gift cards or credit were granted) or the stipulated period specified on our Services or in your Account or Class Account, and may not be refunded for cash.

Any promotional or discount codes, gift cards or credits used in a purchase will not be restored or refunded if said purchase is subsequently cancelled or refunded.

 

6. User Content

You may, as a non-teacher or administrator user (“student”), stream, upload, publish or display Content in the course of your use and access of the Services and communication with other users, including teachers or administrators of the Classes and/or Content you have access to. You understand and agree that you are solely responsible for the Content which you stream, upload, publish or display on or through the Services. We shall not be liable for any infringement or any liability, loss or damage which you sustain as result of streaming, uploading, publishing or displaying such Content.

You retain ownership rights in the Content which you post, share, stream, upload or display on the Services but you grant ClassPod a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to the Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new products and services.

You acknowledge that ClassPod does not pre-screen Content uploaded by you or other users, including by teachers or education providers. ClassPod shall have the right (but not the obligation) in its sole discretion to refuse, delete, remove or restrict access to any such Content on the Services. Without limiting the foregoing, ClassPod shall have the right to remove any Content, without liability or the obligation to offer a refund, in any of the following events:

  1. if the Content is in breach of applicable laws or these Terms;
  2. if ClassPod has received a complaint or notice of infringement in respect of the Content;

ClassPod may also block Content and/or the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms.

 

7. Disclaimer

You acknowledge and agree that your access and use of the Services (including any Accounts or Class Accounts), the Classes and/or the Content and any information or materials therein are provided on an “as is” and “as available” basis, and that the Class(es) and Content, where accessible to you, are provided to you solely by the relevant teachers, education providers and/or Third Party Platforms.

Accordingly, the availability or conduct of any Class(es) and/or Content on the Services do not constitute any approval, endorsement, guarantee, representation, warranty or liability for such Class(es) and/or Content by ClassPod. You acknowledge that your use of or access to the Services, your Account or Class Account and/or any Class(es), Content, products or services accessed or obtained therein is at your sole risk and discretion, and may be further subject to terms entered into between you and the relevant teacher(s), education provider(s) and Third Party Platform(s) for your use and access of the Class(es) and/or Content.

To the fullest extent permitted by law, none of ClassPod or its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees or contractors make any representation or warranty of any kind, whether express, statutory or implied, that the Services, your Account or Class Account, the Classes or Content, any information or materials therein or your use or access thereof:

  1. is or will be secure, timely, uninterrupted, available or free of errors, defects, inaccuracies, omissions or malicious software (including where such matters arise from the use of any hardware, software, system, device, network or data), or that such matters will be corrected;
  2. is or will be compatible or interoperable with any hardware, software, system, device, network or data, or will not cause any loss or failure of any hardware, software, system, device, network or data;
  3. is or will be merchantable, fit for any particular curriculum, course of study or purpose, or meet your or any third party’s requirements or expectations;
  4. is or will be accurate, complete, up-to-date or available on the Services at all times;
  5. does not and will not infringe any third party rights.

The Services may, from time to time, contain third party tools, plugins or services provided by our parent companies, subsidiaries and/or affiliates (“Affiliate Services”). Such Affiliate Services shall constitute part of the Services and likewise be subject to these Terms and the disclaimers in this Clause. We may, from time to time, and at our discretion, require you to agree and acknowledge additional terms relating to these Affiliate Services.

No information or materials, whether oral or written, obtained by you from ClassPod, the Services or any Classes or Content shall create any representation, warranty or guarantee.

The Services, your Account or Class Account or the Classes or Content or your use or access thereof may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the network, device or software you use). ClassPod is not responsible for any delays, delivery failures, damages, or losses resulting from such problems or from events beyond our reasonable control, including, without limitation, any act of war, hostility, sabotage, natural disaster, electrical, internet, or telecommunication outage or government restrictions. Neither are we responsible for storing or retaining any Content uploaded by you to or on the Services, for which you should maintain your own backups from time to time.

You agree that from time to time we may suspend part or all of the Services or use or access of the Classes and/or Content indefinitely (including, without limitation, in accordance with these Terms or for the purposes of upgrading or maintaining the Services) or cancel the Services at any time without notice or liability to you, and that we have no obligation to support or maintain the Services. 

You acknowledge and agree that our liability to you for the provision of the Services is limited to our provision of the Services only, and that we make no representation or warranty in respect of the use of the Services by any other user or the provision of any Class(es) and/or Content through the Services.

 

8. Limitation of Liability

ClassPod, its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees, contractors, partners, service providers, licensors and their respective successors and/or assigns will not, to the maximum extent permitted by law, be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of hardware, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from your access or use of all or part of the Services, your Account or Class Account or any product, service or functionality accessed, used or obtained therein, the conduct, publication, streaming, uploading or display of any Class(es) and/or Content by any other user through the Services or for any claim related to the foregoing, including, but not limited to, any errors or omissions in the Services, Classes and/or Content or any information or material therein, or any loss or damage of any kind incurred as a result of your access or use of the Services or any Class(es) or Content, even if we have been advised of the possibility.

Notwithstanding the foregoing in this clause, ClassPod’s and the abovementioned persons’ maximum aggregate liability to you, whether in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms, the Services, your Account or Class Account or any Classes or Content or any information or material therein or your use or access thereof, shall not exceed S$100 or the total value of your purchases under the Services, whichever is greater.

 

9. Third Party Services

The Services, Classes or Content may contain links to other websites or applications, and you may, if applicable, be able to log into and use or access the Services using the same account and login details from another website or application. ClassPod is not responsible for examining or evaluating the content, completeness, accuracy or availability of these third-party websites or applications, and we do not warrant and are not liable or responsible for such third-party websites or applications or for any third-party information, materials, products or services.

We are not liable for any loss or damage arising out of or in connection with any purchase or use of goods, services, resources, information, materials, content, or any other transactions or activities made in connection with any third-party websites or applications. Please review carefully the third-party's terms and privacy policies and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party.

 

10. Indemnity

You will indemnify and hold harmless ClassPod, its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees, contractors, partners, service providers, licensors and their respective successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses (including any reasonable legal and professional fees) arising out of or in connection with: (a) your use of the Services or use or access of the Class(es) and/or Content; (b) your Content; (c) your use of your Account or Class Account; (d) your breach of these Terms; or (e) your breach of applicable laws or regulations (including, without limitation, any data protection laws) or violation of any rights of another person or entity in connection with the foregoing.

 

11. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by deactivating your Account, if available through your 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 Account and/or your access to the Services at any time for any reason without advance notice, including, without limitation, for any breach of these Terms or any additional terms and conditions and policies mentioned herein; 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 Account or if we suspend or terminate your Account, you will lose any information or use or access to Class(es) and/or Content associated with your Account. We will not be liable for your or any other person’s loss of or loss of access to any Class(es) and/or Content.

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

Clauses 6 (in respect of Content uploaded by you), 7, 8, 9, 10, 11, 12, 13 and 14 shall survive the termination of these Terms.

 

12. Privacy

The collection, use and/or disclosure of any personal data submitted by you or collected by us in the course of your use and access of the Services, Class(es) or Content will be governed by our privacy policy:

https://www.qa.classpod.com/agreement/user-terms-of-service?language=en ("Privacy Policy").

 

13. Miscellaneous

Nothing in these Terms is intended to, or shall be deemed to, establish any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between ClassPod and you.

If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, such provision or part-provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

No modification or waiver of these Terms shall be binding unless made in accordance with these Terms (in respect of modifications) or in writing and signed by ClassPod.

Except as provided herein, any failure by ClassPod to exercise a right or require performance of an obligation in these Terms shall not affect ClassPod’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.

You shall not assign any rights or delegate any obligations herein without our prior written consent. We may assign our rights or delegate any obligations herein without your prior written consent. 

These Terms and any additional terms or policies mentioned herein or accepted or acknowledged by you in your use or access of the Services from time to time constitute the entire agreement between you and ClassPod and supersedes all prior or contemporaneous understandings, agreements, representations or warranties between you and ClassPod.

For the purposes of these Terms, “person” includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

 

14. Governing Law and Jurisdiction

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

 

15. Contact Information

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

 

Last Updated on: June 15, 2022