Aculearn Terms of Servicee
This is a legal agreement between the person or organization (“You” or
“Subscribing Entity”) agreeing to these Terms of Service (“Terms”) and
AcuLearn governing Your use of the Services.
Acceptance of the Terms
By clicking / checking the “I AGREE” button, You agree to be bound by
Aculearn’s Terms of Service.
1. Description of Service
We provide a complete suite of tools for educational institutions to set up
their own online education shop. Services include online interactive
classrooms, hosting of homepage, portal for students and teachers’
registration, course purchase and payment (including payment gateway).
The service is delivered via a SaaS model and run on internet web
We reserve the right to enhance, upgrade, improve, or modify features of
our Services as we deem appropriate and in our discretion. We will not
materially reduce the core functionality or discontinue any Services unless
we provide You with prior written notice. We may offer additional
functionality to our standard Services or premium feature improvements
for an additional cost.
We reserve the right to modify and update its Terms of Service from time
to time. Your continued use of the Service after the effective date of any
change to the Terms will be deemed to be Your agreement to the updated
You warrant that You:
(i) are an authorized representative of that
Subscribing Entity with the authority to bind such entity to these Terms,
and (ii) agree to be bound by these Terms on behalf of such Subscribing
3. Use of Services and Responsibilities
Use of the Services is pursuant to the terms of this Agreement. You are
solely responsible for Your and Your End Users’ use of the Services and
shall abide by all Laws in connection with Your and each End User’s use
of the Services, including but not limited to Laws related to recording,
Aculearn Terms of Service
intellectual property and privacy. Aculearn assumes no responsibility or
liability for violations.
To sign up for a user account, You need to provide all required information
about Yourself or Subscribing Entity that is true, accurate, current and
complete. You are responsible for ensuring confidentiality of Your
organization account password, appointing competent individuals as
administrators for managing Your account, and ensuring that all activities
that occur in connection with Your organization account comply with this
Agreement. Aculearn is not responsible for account administration and
internal management of the Services for You.
4. Personal Information and Privacy
of our data collection practices.
You are responsible for all activities that occur in Your user account. We
are not responsible for any loss or damage to You or to any third party
incurred as a result of any unauthorized access and/or use of Your user
account, or otherwise.
5. Fees and Payments
The Service is provided on a prepaid basis by buying “user hours” credits
in Your accounts. Deduction of “user hours” will be based on the actual
number of user-hours used in the conduct of a class. For example, 10
users in one hour class or 2 users in 5 hours class both use up 10 “user
hours”. Instant top up of credits to the accounts is available.
Refund. Any excess or unused “user hours” credits will not be refunded.
Aculearn reserve the rights to change the fees for the Service at any time.
Aculearn provides payment gateway for You to charge Your End Users for
courses that they purchase. These transactions are purely between You
and Your End Users and Aculearn is not party to any transaction or any
agreement, verbal or otherwise. You agree that Aculearn will not be held
liable for any damages or claims arising from any such disputes.
Taxes and Withholding. You are responsible for all applicable sales,
services, value-added, goods and services, withholding, tariffs, or any
other similar fees as may be applicable in the location in which the
Aculearn Terms of Service
Services are being provided. Additionally, if You do not satisfy Your Tax
and Fees obligations, You agree that You will be required to reimburse us
for any Taxes and Fees paid on Your behalf, and we may take steps to
collect Taxes and Fees we have paid on Your behalf. In all cases, You will
pay the amounts due under this Agreement to us in full without any right
of set-off or deduction.
6. Your Contents
You are solely responsible for the content ("Content") sent or transmitted
by You or displayed or uploaded by You in using the Services and for
compliance with all Laws pertaining to the Content. Your responsibility
extends to any links to other websites or resources or other third-party
services that You use.
We do not verify, endorse, or claim ownership of any Content, and You
retain all rights, titles, and interest in respect of Your Content, with the
exception of the materials which You take from our resources, in particular
the collection of predesigned templates.
Recording. Certain Services provide functionality that allows You to record
audio, video and data shared during sessions. You are solely responsible
for complying with all applicable laws in the relevant jurisdictions while
using recording functionality. We disclaim all liability for Your recording of
audio, video or shared data, and You agree to hold us harmless from
damages or liabilities related to the recording of any audio, video or data.
7. Prohibited Use
You will not use, and will not permit any End User to use, the Services to:
(i) transmit through the Services any material that may infringe the
intellectual property or other rights of third parties;
(ii) engage in activity
that is illegal, fraudulent, false, or misleading;
(iii) use the Services to
communicate any message or material that is harassing, libelous,
threatening, obscene, indecent, would violate the intellectual property
rights of any party.
8. Limitation on Use
You shall not:
(i) reproduce, resell, or distribute the Services;
any service based on the Services without prior written permission;
use the Services in any manner that could damage, disable, overburden,
impair or harm any server, network, computer system, resource of
(iv) violate any applicable local, state, national or international
9. Suspension and Termination
We may suspend Your user account or temporarily disable access to
whole or part of any Service in the event of any suspected illegal activity,
extended periods of inactivity or requests by law enforcement or other
government agencies. We will also terminate Your user account on Your
In addition, we reserve the right to terminate Your user account and deny
the Services upon reasonable belief that You have violated the Terms.
You have the right to terminate Your user account if Aculearn breaches its
obligations under these Terms and in such event, You will be entitled to
prorated refund of any prepaid fees.
Aculearn Online and Aculearn logo, the names of individual Services and their logos are trademarks of Aculearn Online Corporation. You agree not to display or use, in any manner, the Aculearn Online trademarks, without Aculearn Online’s prior permission.
11. Disclaimer of Warranties
WARRANTIES. WE WARRANT THAT THE SERVICES WILL
CONFORM TO THE SERVICE DESCRIPTIONS UNDER NORMAL USE.
WE DO NOT REPRESENT OR WARRANT THAT
(i) THE USE OF OUR
SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE,
OR OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE,
SOFTWARE, SYSTEM OR DATA,
(ii) OUR SERVICES WILL MEET
YOUR REQUIREMENTS, OR
(iii) ALL ERRORS OR DEFECTS WILL BE
CORRECTED. USE OF THE SERVICES IS AT YOUR SOLE RISK. OUR
ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS
WARRANTY WILL BE, AT OUR SOLE OPTION AND SUBJECT TO
APPLICABLE LAW, TO PROVIDE CONFORMING SERVICES, OR TO
TERMINATE THE NON-CONFORMING SERVICES OR THE
APPLICABLE ORDER, AND PROVIDE A PRO-RATED REFUND OF
ANY PREPAID FEES FROM THE DATE YOU NOTIFY US OF THE NON-
CONFORMANCE THROUGH THE END OF THE REMAINING TERM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM
ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS,
ACULEARN TERMS OF SERVICE.
THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO CUSTOMERS LOCATED IN THOSE JURISDICTIONS.
12. Limitation of Liability
YOU AGREE THAT ACULEARN SHALL, IN NO EVENT, BE LIABLE FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL,
PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR
OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF ACULEARN HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT
SHALL ACULEARN’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY
SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES
PAID BY YOU TOWARDS SUCH SERVICE.
You agree to indemnify, defend and hold harmless Aculearn, its affiliates,
officers, directors, employees, consultants, agents, suppliers and
Resellers from any and all third party claims, liability, damages and/or
costs (including, but not limited to, attorneys' fees) arising from Your use
of the Services, Your violation of this Agreement or the infringement or
violation by You or any other user of Your account, of any intellectual
property or other right of any person or entity or applicable law.
Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity or termination, shall be referred
to and finally resolved by arbitration administered by the Singapore
International Arbitration Centre (“SIAC”) in accordance with the Arbitration
Rules of the Singapore International Arbitration Centre ("SIAC Rules") for
the time being in force, which rules are deemed to be incorporated by
reference in this clause. The seat of the arbitration shall be [Singapore].