1. General
• 1.1 Spark Edtech Pte. Limited (hereinafter referred to as "SE") agrees to provide internet-based and mobile network-based services (hereinafter collectively referred to as the "Services") in accordance with these Terms of Services (hereinafter referred to as the "Terms") and the operating rules which apply similarly to the use of the Services that will be published by SE from time to time (hereinafter collectively referred to as “Operating Rules”). To obtain the Services, the service user (hereinafter referred to as the “User” or “you”) shall agree to all the provisions as set out in these Terms and complete the registration procedures in accordance with the instructions on this online course platform (“Platform”). Please be sure to carefully read and fully understand the provisions of these Terms. Specifically, please pay close attention to the provisions regarding the exemption or limitation of SE's liability, the terms regarding licensing of rights and use of information and the terms regarding the governing law and dispute resolution. By completing the registration procedure on the Platform, you confirm that you accept all the provisions of these Terms in full and that you agree to comply with them. If you do not agree with any provisions of these Terms, you should stop the registration process immediately and SE will not be able to provide you with the Services. 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..
• 1.2 In order to use the Services, you must register and maintain an account with SE. Upon a successful registration, SE will provide you with a user account (“Account”) and corresponding password. You are responsible for all activities conducted on your Account and must (a) keep the information of your Account (including your Account and password and other login details) confidential and secure; and (b) not provide any third party with access to your Account.
• 1.3 Upon a successful registration of an Account, SE will call you to provide further information about the Services. The User’s registration is deemed to be an agreement to receive further telephone services from SE.

2. The Services
• 2.1 The Services will be provided by SE based on the actual situation, which will include, without limitation, online live courses, AI courses, etc.
• 2.2 Some of the Services provided by SE (such as online live courses, AI courses, etc.) will be chargeable Services (i.e. fee-based services), and you are required to pay certain fees to SE for using such chargeable Services. For the chargeable Services, SE will give clear instructions to you before you are allowed to use or access them, and you can use the chargeable Services only if you have paid the relevant fees according to the instructions. If you refuse to pay the relevant fees, SE has the right not to provide such chargeable Services to you despite any acceptance by you.
• 2.3 You understand and agree that SE will only provide the Services on the Platform. Any devices related to the Services (such as personal computers, mobile phones, and other devices related to accessing the internet or mobile network) and any required fees (such as telephone charges or internet access charges paid for accessing the internet, and the mobile phone charges paid for using the mobile network) shall be borne by you solely.

3. Change, suspension or termination of Services
• 3.1 You agree that SE reserves all rights to update or modify the Services from time to time. SE does not guarantee that the Services, or any content on it, will always be available or be uninterrupted. SE may suspend or withdraw or restrict the availability of all or any part of the Services (including chargeable Services) at any time without ascribing any reasons. If the changed, interrupted or terminated Service is a free Service, SE does not need to notify you, and does not need to assume any responsibility to you or any third party. If the changed, interrupted or terminated Service is a chargeable Service, SE shall, prior to such change, interruption or termination, notify you of the same, and shall provide you with an alternative chargeable Service of equivalent value if you are so affected.
• 3.2 You understand that SE needs to periodically or irregularly repair or maintain the Platform or related devices or equipment for the provision of the Services. You further understand and agree that SE shall not be held liable for any interruption of any chargeable Services for a reasonable period of time due to such circumstances, but SE shall endeavour to notify you in advance of any such repair or maintenance.
• 3.3 Without prejudice to clause 4.9 below, SE reserves the right to interrupt or terminate the provision of the Services under these Terms (including any chargeable Services) to you at any time without any liability to you or any third party in the event of any of the following circumstances:
• 3.3.1 The personal information provided by you is untrue or inaccurate.
• 3.3.2 You have violated the rules of use set forth in these Terms and any relevant Operating Rules.
• 3.3.3 You have failed to pay the corresponding service fees to SE (as stipulated under clause 2.2) when using the chargeable Services.

4. Use of Services
• 4.1 In registering and maintaining your Account, you must provide SE with accurate personal information. You also warrant and represent that: (a) the registration application is submitted by you or on your own behalf; (b) all information and documents provided to SE in connection with your registration application are true, complete and accurate; and (c) you have disclosed all information which you know or ought to reasonably know and have not withheld any material fact that could affect the registration application. If there are any changes in any personal information provided by you, you acknowledge that you will update such change in a timely manner, failing which SE retains the discretion to suspend or terminate your access or use of the Services.
• 4.2 You acknowledge and agree that your Account and password are personal to you alone and that you will not transfer or lend your Account and password or any other login details to any third party. If you know or suspect any unauthorized use or access by a third party of your Account, you shall notify SE immediately. SE does not assume any responsibility for any unauthorized use of your Account and password by any third party due to hacking or your own negligence. SE retains the right to disable any user identification code or password, whether chosen by you or allocated by SE, at any time if, in SE’s reasonable opinion, you have failed to comply with any of the provisions of these Terms or the relevant Operating Rules.
• 4.3 You agree that SE has the right to place various commercial advertisements or any other type of commercial information in the course of providing the Services in various ways (including but not limited to placing advertisements on the Platform), and you further agree to accept SE’s sending of product promotions or other relevant commercial information to you via email or other means.
• 4.4 Whenever you make use of a feature on the Services that allows you to upload content on the Platform, you must comply with the content standards as set out in the relevant Operating Rules. You warrant that any such contribution does comply with those standards and you will be held liable to SE and indemnity to SE for any breach of such warranty. You agree that SE has a worldwide, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free, sub-licensable, and transferable licence to use, reproduce, modify, adapt, publish, translate, create derivative works therefrom, transmit, perform and display such content (in whole or in part), and/or to incorporate such content into any other work, media or technology currently known or later developed, for any content uploaded by you through the Services to the publicly available areas of the Platform. SE retains the right to disclose your identity to any third party who is claiming any content which you have uploaded through the Services constitutes a violation of their intellectual property rights or of their right to privacy, in accordance with our Privacy Policy. SE maintains the right to remove any posting you make through the Services if, in SE’s opinion, such posting does not comply with the content standards as set out in the relevant Operating Rules.
• 4.5 You agree to comply with any and all terms, guidelines, notices, policies and instructions pertaining to the use and/or access to the Services, as well as any amendments to the aforementioned issued by SE from time to time. In the process of using the Services, you agree to comply in full to the following rules:
• 4.5.1 You shall ensure that you use the Services in accordance with the relevant Singapore laws and regulations. You are responsible for making all arrangements necessary for you to have access to the Services.
• 4.5.2 You shall ensure that you comply with all network protocols, regulations and procedures applicable to the Services.
• 4.5.3 You shall not use the Services for any illegal purposes.
• 4.5.4 You shall not use the Services in any way that may infringe upon SE's commercial interests, including but not limited to publishing any unsolicited or unauthorized advertising or other promotional material or commercial advertisements that are not licensed or permitted by SE.
• 4.5.5 You shall not use the Services to carry out any behavior that may adversely affect the normal operations of the internet or mobile network. [Specifically, you shall not access the Services other than through the normal operations or adapt or circumvent the systems in place in connection with the Services.
• 4.5.6 You shall not use the Services: (a) to upload, display or disseminate any false, harassing, slanderous, abusive, intimidating, vulgar or obscene information or materials or any other illegal information or materials; (b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; and (c) for the purposes of harming or attempting to harm minors in any way.
• 4.5.7 You shall not infringe the patent rights, copyrights, trademark rights, reputation rights or any other proprietary rights and interests of SE or any third party (including not to modify or make derivative works based on the content provided through the Services or reverse engineer or access the underlying software for any reason).
• 4.5.8 You shall not use the Services to conduct any behavior that is detrimental to SE [(including but not limited to performing any action with the intent of introducing to the Services any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs).
• 4.5.9 Except as otherwise provided in these Terms or the relevant Operating Rules, you shall not produce, republish, upload, post, transmit or otherwise distribute in any way, without the prior written permission of SE, any content obtained through the use or access of the Services.
• 4.6 SE has the right to review and supervise the use of the Services by you (including but not limited to reviewing the content uploaded by you to the Platform). If you violate any of the above provisions when using the Services, SE or its authorized persons shall have the right to take all necessary measures (including but not limited to changing or deleting the content posted by you, suspending or terminating your right to access and use the Services) to mitigate the impact of your misconduct. SE shall not be held liable for any losses or damages incurred by you or any third party as a result of your misconduct.
• 4.7 Any statement, notification, warning, etc. made by SE by various means (including but not limited to announcements published on the Platform, emails, etc.) regarding the use of certain specific Services shall be regarded as part of these Terms. By your use of the Services, you shall be deemed to have read, understood and agreed to the contents of such statements, notices and warnings.
• 4.8 SE reserves the right to block, lock, cancel or de-register your Account whose nickname contains (including but not limited to) the following information:
• 4.8.1 Nicknames that seriously violate any applicable laws or regulations (including public policy).
• 4.8.2 Real names, characters, numbers, stage names, pseudonyms, titles, etc. of state leaders or politicians of any country, influential celebrities from both ancient or modern times, and well-known people on the internet.
• 4.8.3 Names and logos of state agencies, enterprises and institutions, well-known companies or brands.
• 4.8.4 Nicknames containing information about gender discrimination, racial discrimination, geographical discrimination, etc.
• 4.8.5 Nicknames containing any information in relation to insults, obscenities, provocations, swearing or personal attacks on others etc.
• 4.8.6 Nicknames that contain information that is ambiguous or misleading to others.
• 4.8.7 SE-related names without prior written permission from SE.
• 4.8.8 Nicknames that are similar to the nicknames of SE teachers or staff, and may cause confusion or disputes.
• 4.8.9 Nicknames with obvious advertising nature.
• 4.8.10 Nicknames with information prohibited by other laws and regulations and SE rules.
• 4.9 Failure to comply with these Terms (including any relevant Operating Rules) may result in SE taking any action it may deem reasonably appropriate, including any or all of the following actions:
• 4.9.1 immediate, temporary or permanent withdrawal of your right to use the Services.
• 4.9.2 immediate, temporary or permanent removal of any posting or material uploaded by you through the Services.
• 4.9.3 issue of a warning to you.
• 4.9.4 legal proceedings against you for reimbursement of all of SE’s costs (including but not limited to reasonable administrative and legal costs) resulting from the breach.
• 4.9.5 further legal action against you; and/or .
• 4.9.6 disclosure of such information to law enforcement authorities as SE may reasonably think is necessary.
• 4.10 SE excludes its liability for all actions it may take in response to the breaches of these Terms. The actions SE may take are not limited to those described in clause 4.9 above, and SE may take any other action it reasonably deems appropriate.

5. Intellectual property rights
• 5.1 The Services is operated by SE. Any text, images, graphics, audio and/or video materials contained in the Services provided by SE are protected by copyright, trademark and/or other intellectual property laws. All rights, title and interests in the abovementioned material are owned by, licensed to or controlled by SE. None of the above materials may be published, broadcasted, rewritten or redistributed for broadcast or distribution purposes, whether directly or indirectly, in any media, or used for any other commercial purposes, without the consent of the relevant right holder or SE (as the case may be). All such materials or any part thereof may be stored in a computer for private and non-commercial use only. If you print off, copy or download any part of such material from the Services in breach of these Terms, your right to access and use the Services will cease immediately and you must, at SE’s option, return or destroy any copies of the material which you have made. SE shall not be liable to you or any third party in any manner whatsoever for any delays, inaccuracies, errors and omissions arising out of or in connection with the aforementioned materials or the transmission or delivery of them or for any damages arising out of or in connection with them.
• 5.2 All rights in any software (including but not limited to any images, photographs, animations, videos, audio recordings, music, text and additional programs, supporting materials contained in the software) used by SE to provide the Services belong to [the copyright owner of the software or SE (as the case may be). You shall not reverse engineer, decompile or disassemble such software without the prior written permission of [the copyright owner of such software or SE (as the case may be).

6. Privacy Policy
• 6.1 Protection of users’ privacy is a basic policy of SE. Please refer to the "Privacy Policy" for the privacy policy of SE (“Privacy Policy”). By accepting these Terms, you agree or are deemed to have read and agree to abide and comply to the Privacy Policy.

7. Disclaimer
• 7.1 You expressly agree that your use and access of the Services will be entirely at your own risk and further that any and all the consequences arising from your use and access of the Services will be borne by you solely. You further acknowledge and agree that SE shall not be liable to you in any way, including but not limited to any damage or loss suffered by you as a result of your use, access or reliance on the Services (save for any fraud or fraudulent misrepresentations).
• 7.2 The Services are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, SE does not guarantee that the Services will meet your requirements, nor does it warrant or guarantee that: (a) the Services will be uninterrupted or error-free, or that any defects will be corrected or that the Services will be free of all bugs, viruses and/or other harmful elements; or (b) as to the timeliness, security and accuracy of the Services. Although SE shall make reasonable efforts to update the contents provided through the Services, SE makes not representations, warranties or guarantees, whether express or implied, that the contents provided through the Services are accurate, complete or up-to-date.
• 7.3 Where the Services contain links to other websites or resources provided by third parties, these links are provided for your information only. Such links should not be interpretated as approval or endorsement by SE of those linked websites or information you may obtain from them. SE does not guarantee the accuracy and completeness of external links set up for the convenience of Users, and at the same time, SE does not assume any responsibility for the content of any web pages that are not under the actual control of SE to which such external links lead. [You acknowledge that any personal data you may submit to the resulting site will not be collected or controlled by SE.
• 7.4 SE will not be responsible for any interruption or other defects of the Services caused by force majeure or reasons beyond SE's control, but shall endeavour to minimize the damage and impact caused to you as a result thereby.
• 7.5 You understand and agree that SE shall not be liable for any quality defects of the following products or services provided by SE to you and for any damages arising therefrom:
• 7.5.1 Services provided by SE to Users free of charge.
• 7.5.2 Any product or service provided by SE to Users as a free gift.
• 7.5.3 Various products or services provided by SE to Users of chargeable Services as a free gift.
• 7.6 It is the responsibility of the User to guarantee the knowledge contained in, professionalism and legality of the photographs, articles or comments uploaded by the Users to the Platform. In the case of legal consequences such as infringement of rights of any third parties, the User acknowledges and agrees that he/she shall be solely responsible for any such infringement and SE shall not bear any responsibility.
• 7.7 You shall be responsible for configuring your own information technology, computer programs and platform to access the Services. You shall also be responsible to obtain and use your own virus protection software.
• 7.8 The Services may contain third party content, including but not limited to comments and articles posted by third parties. You agree that SE shall not be responsible or liable for any such third party content on the Services or your access or use of any third party content on the Services.

8. Damages
• 8.1 SE agrees to be liable for any damages caused to you as a result of SE’s violation of any applicable laws, regulations or any provision of these Terms (save except for any breach as a result of fraud or fraudulent misrepresentation by you).

Notwithstanding the foregoing in this clause, SE’s 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 your use or access thereof, shall not exceed S$100 or the total value of your purchases under the Services, whichever is greater.

• 8.2 You agree to protect and safeguard the interests of SE and other Users and further agree to be liable for damages caused to SE or any other third party as a result of your violation of the applicable laws, regulations or any provisions of these Terms or the relevant Operating Rules. regulations or any provisions of these Terms or the relevant Operating Rules.

9. Amendment of these Terms
• 9.1 SE has the right to revise or amend these Terms from time to time. Once any provision of these Terms changes, SE will directly publish the revised Terms on the Platform, which shall be deemed that SE has notified you of the revised provision(s). SE may also inform you of the modified Terms by other appropriate means. Every time you wish to use the Services, please check these Terms to ensure that you understand and accept the Terms that apply at that time.
• 9.2 If you do not agree with the modification made by SE to any provisions of these Terms, you have the right to stop using the Services. Your continued use of the Services constitutes your acknowledgement and acceptance of such changes.

10. Notification
• 10.1 All notices from SE to you under these Terms may be made by means of announcements published on the Platform, e-mails or mobile phone text messages or mail; such notices shall be deemed to have been delivered to you on the date of delivery or transmission. Such notice shall be delivered to the e-mail address, or mobile number or mailing address (as the case may be) as provided by you to SE upon registration of your Account as stipulated under clause 1.2 and clause 4.1. You shall notify SE promptly of any change to the details as provided by you under clause 4.1 from time to time. SE shall not be held responsible for the delay or failure of delivery of any such notice due to the delay or failure of you to update SE of any corresponding changes.
• 10.2 Your notice to SE shall be delivered through SE’s official published mailing address, fax number, e-mail address and other contact information. You shall be responsible to check and obtain the accurate mailing address, fax number, e-mail address or other contact information from the Platform from time to time. SE shall not be responsible for any delay or failure of receiving notice from you due to the delay or failure of you to obtain the accurate contact information of SE.

11. Governing law
• 11.1 These Terms, the relevant Operating Rules and any non-contractual obligations arising out of or in connection with these Terms shall be governed by and construed in accordance with Singapore law. By completing the registration procedure on the Platform, you and SE both agree or are deemed to have agreed that the Singapore courts will have exclusive jurisdiction.

12. Miscellaneous
• 12.1 These Terms (and the relevant Operating Rules referred herein) constitutes the entire agreement between you and SE on the agreed matters in these Terms and confers no rights on the parties hereto other than those set forth in these Terms.
• 12.2 If any provision of these Terms is held to be unlawful, invalid or unenforceable, in whole or in part, for any reason, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms shall not be affected.
• 12.3 In these Terms, unless the context otherwise requires, the headings are for reference only and shall not affect the interpretation of these Terms.
• 12.4 A person who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any of these Terms and the application of the Contracts (Rights of Third Parties) Act 2001 of Singapore is expressly excluded.
• 12.5 A failure by SE to exercise or enforce any rights conferred upon it by these Terms shall not be deemed to be a waiver or variation of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
• 12.6 All disclaimers, indemnities and exclusions in these Terms shall survive termination of these Terms for any reason.

Last updated : 10 August 2022