1. Introduction
THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT (“YOU,” OR “YOUR”) TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF LEARNIVA’S (“OUR”, “WE”, “COMPANY” OR “LEARNIVA”) SOFTWARE, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR “PRODUCTS”). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Description of Service
The Learniva platform allows students to find classes that they are interested in taking, and allows teachers to find students interested in taking their classes. After which, a transaction ("booking") would occur between these parties. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.
3. General
The Product enable Users to connect with independent contractors such as tutors and organizations who provide offline instruction, tutoring, and learning services. The Products include, without limitation, facilitating and hosting Courses and supporting materials, and taking feedback from Users.
Learniva reserves the right to revise these Terms in its sole discretion at any time by posting the changes on the Site. Changes become effective thirty (30) days after posting. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use. If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You 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 Learniva to charge Your credit card on a regular basis to pay the fees as they are due. Unless otherwise stated, all fees are quoted in Singapore Dollars. If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person’s Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
4. Account Terms
The following terms apply to your use of Learniva and any account that you may open or attempt to open on the platform:
5. Limitation of Liability
In no event shall we or any other Learniva party by liable to you or any third party for any special, incidental, indirect, punitive or consequential damages of any kind of damages resulting from loss of use, data or profits whether or not we have been advised of the possibility of such damages and in theory of liability, arising out of or in connection with the use of the service. Further, neither we nor any other Learniva party shall be liable in any way for any class or other third party goods and services offered through the service or for assistance in conducting commercial transactions with other users of the site, including without limitation any transaction between a student and teacher.
6. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other Learniva Parties harmless from all liabilities, claims, and expenses, including legal fees, that arise from your violation of these Terms of Service or other negligent or wrongful conduct. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
7. Fees & Pricing
We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change.
