TERMS OF USE

These Terms of Use were last updated on 20 March 2018.

1. General

Smarter Me Pte. Ltd. (collectively, "we," "us" or "Smarter Me") provides you access to the Smarter Me services ("Services") including its website, https://www.smarterme.sg (the "Site"), and to the information, services and other materials available on and through the Site, subject to the terms and conditions described in this document (these "Terms of Use") and any other guidelines, rules or licenses posted in connection with the Courses. Smarter Me offers curated, specially designed and produced collections of lessons that comprise what Smarter Me refers to as Mastery Courses or Mini-Quests (“Courses”).

2. Acceptance of terms

Whether you are a visitor browsing through the Site (“Visitor”) or a student, meaning that you have registered with Smarter Me and have a user account (“Student”), your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have accepted and agree to be bound by these Terms of Use. We may make changes to these Terms of Use from time to time without notice to you. Your continued use of the Site following changes to these Terms of Use will constitute your acceptance of those changes.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

In addition, in your purchase of any Course you are also subjected to any posted guidelines, FAQs, or rules applicable to such services which you are using via Smarter Me, which may be posted and modified from time to time.

3. Site access

You are responsible for all access to the Course Sites using your internet connection, even if the access is by another person. You may not transfer your account to any other person and you may not use anyone else's account at any time. In cases where you have authorized or registered another individual to use your account, you are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student's access to and use of the Services; and (iii) the consequences of any misuse.

We will use reasonable efforts to ensure that the Site is available at all times. However, we cannot guarantee that the Site or any individual function or feature of the Site will always be available and/or error free. The Site may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Site.

We make no promise that the materials on the Site are appropriate or available for use in locations outside Singapore. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

The Site may provide links to other third party websites and online resources. We are not responsible for and do not endorse such third party sites or resources. Accordingly, Smarter Me does not assume any liability associated with these third party sites or resources. Your use of third party websites or resources is at your own risk.

We currently use a third party virtual classroom tool and learning management system (the “Virtual Classroom Site”, together with the Site, the “Course Sites”). By attending the Courses, you agree to also adhere to the terms of use of the Virtual Classroom Site (at https://www.vedamo.com/terms)

4. Communications

If you are a Visitor, we may contact you through our in-website notification, messaging and chat services while you browse the Site. You consent to receive these notifications and messages. We also provide information on the Site for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages or other communications in response to any such contact.

If you are a Student, you expressly indicate your consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Notices") that we provide in connection with your user account and your use of the Services. Notices may include, without limitation, e-mail, in-app messages and in-website chat communications. In addition, Notices may include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you. If you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email. We may still send you administrative and transactional Notices, however, such as, but not limited to, confirmation of your registration for Courses, information related to your payment, transactional receipts, or other services that may be necessary to provide you with the Courses.

Additionally, you consent to receive calls and text messages from us at any telephone number that you have provided us through the Site. We may place such calls or texts to (i) provide you with services associated with the Course Sites or Courses; (ii) troubleshoot problems with your user account; (iii) resolve disputes; (iv) obtain your feedback on the Course Sites or Courses; (v) contact you with offers and promotions; or (vi) as otherwise necessary to service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you.

Use of Intercom Services: Smarter Me uses third-party analytics services to help understand your usage of the services. In particular, Smarter Me provides a limited amount of your information (such as your email address and sign-up date) to Intercom, Inc. ("Intercom") and utilize Intercom to collect data for analytics purposes when you visit our website or use our product. Intercom analyzes your use of our website and/or product and tracks our relationship so that Smarter Me can improve our service to you. We may also use Intercom as a medium for communications, either through email, or through messages within our product(s). As part of our service agreements, Intercom collects and aggregates publicly available contact and social information that may be related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience with us. For more information on the privacy practices of Intercom, please visit http://docs.intercom.io/privacy. Intercom’s services are governed by Intercom’s terms of use which can be found at http://docs.intercom.io/terms. If you would like to opt out of having this information collected by or submitted to Intercom, please contact us.

You understand and consent that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.

5. Your use of the Course Sites

You represent, warrant and covenant that you will not:

  1. Use the Course Sites for any fraudulent or unlawful purpose;
  2. Use the Course Sites to recruit or solicit Instructors for employment or contracting for a business not affiliated with Smarter Me without our advance written permission;
  3. Upload, post or transmit any copyrighted material that is not your own or that you do not have the legal right to distribute, display, and otherwise make available to others;
  4. Upload, post or transmit pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate content;
  5. Make unsolicited offers, advertisements, proposals, or send junk mail through the Course Sites;
  6. Use the Course Sites to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
  7. Impersonate another person or gain unauthorized access to another person's account;
  8. Permit third parties to use any Courses booked under your account, including other Students (unless otherwise stated);
  9. Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Course Sites or express or imply that we endorse any statement you make;
  10. Interfere with or disrupt the operation of the Course Sites or the servers or networks used to make the Course Sites available or violate any requirements, procedures, policies or regulations of such networks;
  11. Transmit or otherwise make available in connection with the Course Sites any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
  12. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Course Sites;
  13. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Course Sites. If you wish to reverse engineer any part of the Course Sites to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
  14. Frame or mirror any part of the Course Sites without our express prior written consent; or
  15. Create a database by systematically downloading and storing Site content

Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator’s public online search service. We reserve the right to revoke these exceptions either generally or in specific instances.

6. Student Acknowledgment

As a Student enrolled in a Course, you agree that:

  1. Smarter Me does not have any authority or responsibility to award any academic credit or certification;
  2. If you are awarded a certificate of accomplishment upon conclusion of the Courses, you acknowledge that any such certificate awarded may not be affiliated with any college, university, or other certifying institution, and does not stand in the place of a course taken with a registered educational institution or convey academic credit or certification for any registered educational institution;
  3. Neither Smarter Me nor the instructors of any Course will not be obligated to make any attempts to get the Course recognized by any accredited or other educational institution.

7. Student Conduct Policy

The Course Sites may provide you with the ability to upload forum posts, message other Students, chat with other Students, discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Course Sites or Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "Student Content"). As a Student, you agree that you:

  • will not harass other Students or the instructors;
  • will not cheat on any homework, assignment or quiz for the Courses;
  • will not post or share online any Course materials, including but not limited to video playback of past lessons and lessons notes;
  • will notify the instructors immediately if you become aware of any other Student cheating or breaching these Terms of Use;
  • will comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Course in which you are enrolled;
  • reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Courses other than as expressly allowed under these Terms of Use;
  • will not interfere with or disrupt the Courses or servers or networks connected to the Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Courses;
  • will communicate respectfully and considerately with all other Students and Instructors; and
  • will not share any content that is obscene, illicit, threatening, or discriminatory, whether through the Course Sites or other channels used in relation to conducting the Courses.

As a condition of accessing the Course Sites and/or using the Courses, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of the Courses; (b) use Smarter Me’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (c) use any high volume, automated, or electronic means to access the Course Sites (including without limitation robots, spiders or scripts); (d) frame the Course Sites, place pop-up windows over its pages, or otherwise affect the display of its pages; (e) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (f) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Courses; or (g) interfere with or disrupt the Courses or servers or networks connected to the Courses, or disobey any requirements, procedures, policies or regulations of networks connected to the Courses.

8. Student Content

With respect to any Student Content you submit to Smarter Me (including for inclusion on the Course Sites or Courses) or that is otherwise made available to Smarter Me, you hereby grant Smarter Me an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Student Content on the Course Sites or in the Courses or otherwise exploit the Student Content, with the right tosublicense such rights, for any purpose (including for any commercial purpose); Smarter Me reserves the right to remove any Student Content at any time and for any reason.

To the extent that you provide any Student Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such Student Content and permit Smarter Me to use such Student Content as provided above, (b) such Student Content is accurate and reasonably complete, (c) as between you and Smarter Me, you shall be responsible for the payment of any third party fees related to the provision and use of such Student Content, and (d) such Student Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

With respect to any submissions of Student Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content.

9. Use of Provided Communication Methods and Related Services

The Courses may provide you with the ability to post messages to forums or Courses review pages, enter chat rooms or send messages and communications to other users of the Course Sites and/or Smarter Me. You agree to use communication methods available on the Course Sites only to send communications and materials related to the subject matter for which Smarter Me provided the communication method, and you further agree that all such communications by you shall be subject to and governed by these Terms of Use. By using any of the communications methods available on the Course Sites, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Smarter Me in any manner (unless expressly stated otherwise by Smarter Me) and (c) communications may be, but is not required to be, pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Smarter Me in any manner, though Smarter Me reserves the right to do so at any time at its sole discretion in accordance with these Terms of Use. Additionally, through such communication methods, Smarter Me may make certain types of services available to you. For instance, Smarter Me may make available to you, as part of your participation in a Course, chat room services that allow you to communicate with Smarter Me staff members so that you may ask questions about the academic materials in the Course or about your general experiences on the Course Sites. You acknowledge and agree that such services (e.g., chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered "Content" under these Terms of Use and is provided for educational purposes only.

10. Billing

If you elect to use the Site to purchase a Course, and provide credit card information to pay for such fees, then you hereby represent and warrant that you are authorized to supply such information and hereby authorize Smarter Me or our Payment Processor (as defined below) to charge your credit card for the payment of such purchase.

We use a third-party payment processor (the “Payment Processor”) and the processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Terms of Use. We are not responsible for any error by the Payment Processor.

Subject to the refund policy stated in the “Refund” section below, a Student may cancel or request for a refund of the whole or part of a Course. Such refunds will be refunded to the Student via the same payment method used to pay for that Lesson, subject to any prevailing transaction fees or charges from us or our Payment Processor which shall be borne by the Student.

If any Course is cancelled by an Instructor, we will refund any payments made for that Course to the Student via the same payment method used to process that payment.

All transactions shall be in Singapore dollars.

11. Refunds and Cancellation

Smarter Me offers Students a no-questions-asked money back guarantee on Mastery Courses that are purchased on the Site (at www.smarterme.sg). If you, as a Student, are unhappy with such a Mastery Course and request a refund within 24 hours from the completion of the first lesson of the Mastery Course purchased, we will provide you with a full refund of the amount you paid.

Note that no refunds are allowed for Mini-Quests, generally being single-session lessons.

To request a refund, please contact us via hello@smarterme.sg. Please note that if we believe that you are abusing our refund policy in our sole discretion, we reserve the right to not refund you, suspend or terminate your account and refuse or restrict any and all current or future use of the Services, without any liability to you.

If you are an Instructor, you acknowledge and agree that Students have the right to receive a refund as set forth in this section.

If you cancel your Course purchased at least one week before the start of the Course, a full refund will be granted.

12. Intellectual property

The intellectual property rights in the Site and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it are owned by us and our licensors (as applicable). You may not print or otherwise make copies of any such content without our express prior permission.

All content or other material available on or through the Course Sites or other channels used in delivering the Courses, including but not limited to online video lessons, recorded lessons, speeches, quizzes, presentation materials, course notes, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files, are the property of Smarter Me and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Singapore and foreign law.

13. Filming and photography

Smarter Me and/or the Instructors may film and take photographs of the lessons. By registering your or your child's attendance for a Course, you, in your own capacity as a Student, or as a parent/guardian grant Smarter Me a perpetual licence to use the Student’s work, photographs or videos of the Student, and other materials for purposes such as publicising or promoting our Site or the Courses.

14. Indemnity

You agree to indemnify and hold Smarter Me, its affiliated companies and its suppliers and partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Site, violation of these Terms of Use, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants.

15. Warranty disclaimer and limitation of liabilities

The Courses (including content) and the Site are provided “as is” and “as available” and we make no representations as to the quality, completeness or accuracy of any content made available on the Site. We do not warrant that (a) the Course Sites or Courses will meet your requirements or expectations or achieve the intended purposes, (b) the Course Sites will not experience outages or otherwise be interrupted, timely, or secure, or (c) the information or content obtained through the Course Sites will be accurate, complete, current, error-free. You assume all risk of personal injury, including death and damage to personal property, sustained from use of the Courses and content.

To the maximum extent permitted by law, we expressly exclude:

  1. All conditions, warranties and other terms that might otherwise by implied by law into these Terms of Use, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights; and
  2. Any and all liability to you, whether arising under these Terms of Use or otherwise in connection with your use of the Site.

The foregoing is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may not by law be excluded or limited, and in particular none of the exclusions and limitations in this clause are intended to limit any rights you may have as a consumer under Singapore law or statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability to you for death or personal injury resulting from our negligence or that of our employees or agents.

16. Suspension or termination of account

Smarter Me reserves the right to suspend or terminate your account, at our sole discretion, if Smarter Me or its designated payment processor is unable to verify or authenticate any information (including payment information) you provide in connection with the purchase of Courses, or is notified of or reasonably suspects fraudulent, abusive or other unlawful activity whatsoever in relation to your account or credit balance, violated or acted inconsistently with the letter or spirit of these Terms of Use or if you are otherwise in breach of these Terms of Use or any other applicable terms and conditions of Smarter Me. You also acknowledge that Smarter Me may retain and store your information on Smarter Me’s systems notwithstanding any termination of your account or the Courses.

Please notify Smarter Me immediately if you dispute a transaction or believe that any transaction occurring on your account is unauthorized.

17. Collection of personal information

In setting up your user account and purchasing Courses, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Services and your enrolment in the Courses, to the extent applicable.

In addition to the registration process, as part of your use of the Services, we may obtain certain information about you and your performance in the Courses. Some of this information may be personally identifiable information. We may use, maintain, and store this information to provide certain services to you now and in the future and may share such information with third parties in conjunction with such services. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Our Privacy Policy further explains how we treat information collected and received from you when you use the Course Sites. Our Privacy Policy is hereby incorporated into these Terms of Use by reference. Please read this policy carefully for disclosures relating to the collection, use, and disclosure of your personal information. By accepting these Terms of Use you are accepting our Privacy Policy.

18. Duration of terms

These Terms of Use are effective until terminated. We may, at any time and for any reason, terminate your access to or use of the Site. If we terminate your access to the Site you will not have the right to bring claims against us or our affiliates with respect to such termination. We and our affiliates shall not be liable for any termination of your access to the Site.

19. Governing law

These Terms of Use will be governed by and construed in accordance with the laws of Singapore, and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with these Terms of Use.