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Terms and Conditions of Use - Centre for Applied Practice in Education

Terms and Conditions of Use

Welcome to www.capeducate.com, provided by CENTRE FOR APPLIED PRACTICE IN EDUCATION (SINGAPORE) PTE. LTD. (we or us).

Please read these Terms and Conditions (“Terms and Conditions”) carefully before using our website located at www.capeducate.com. Our platform, application, its services, accounts and its Content (all data, reports, text, images, sounds, videos, and content made available through the foregoing) together comprise the “Website”. These Terms and Conditions form a legally binding agreement between you and us and sets forth the terms and conditions by which you may use the Website. Nothing in these Terms and Conditions obligates (1) you to engage our services; and (2) us to provide you with any matching service or (3) us to identify any courses for your particular needs.

For the purposes of these Terms and Conditions, you, and your means you as the user of the Website.

1. Acceptance

1.1. You acknowledge and agree that our license of the Website to you is conditional on your compliance with the provisions of these Terms and Conditions. By accessing and using the Website, you agree to be bound by the terms of these Terms and Conditions. If you do not agree to the Terms and Conditions, you are not granted any rights to use the Website, and you should not use the Website.

1.2. The Terms and Conditions are to be read along with our Privacy Policy, all of which apply to your use of the Website. You are deemed to consent to the terms of the Privacy Policy, as well as these Terms and Conditions, by your continued use of the Website.

1.3. The Terms and Conditions may be modified, amended, or revised from time to time by us. You may determine if any such amendment has taken place by referring to the date on which these Terms and Conditions were last updated. Your continued use of our Website constitutes your acknowledgement and acceptance of such changes.

2. Grant of license

2.1. Upon creating an Account (as defined hereinafter), and subject to your compliance with the Terms and Conditions hereof, we grant to you, and you hereby accept, a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use and access the Website and its Content for the sole purpose of evaluating our services.

2.2. As a precondition to the use of the Website, you consent to the collection of your personal data and specifically authorise us to use, store or otherwise process your data or information to facilitate the use of this Website and such permission shall cease upon the withdrawal of such consent or at the end of your subscription. Your personal data may be transmitted to our vendors for the purpose of them providing the desired service to you.

2.3. Your access and use of the Website is subject to your registration and onboarding process, you agreeing to the Terms and Conditions, Privacy Policy, and payment of the fees.

2.4. The Website is provided on a “as is where is” and “as available” basis. We do not guarantee that the Website is fault free, continuous, or uninterruptable or provide any other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Website.

2.5. We do not endorse, sponsor, certify or guarantee to the quality, safety, accuracy, availability of the Website or any service provided by a third-party. We are not liable for any technical problems or issues which impedes, disrupts, or restricts all or any use of the Website. In no event shall you have any claim against us for any liability, loss, damages arising from the inability to use the Website.

2.6. You acknowledge that the availability of the Website is subject to the availability of our resources, a suitable network infrastructure and the technicality of the Website.

2.7. We reserve the right at its sole discretion to suspend, deny access to / use of the Website for the purpose of system, upgrading, security, maintenance, or such other purposes as we may deem appropriate. We may discontinue all or part of the Website or add/modify all or part of the Website without notice to you.

2.8. We will not be responsible for any acts of omission of a third party including the vendors arising out of the use of the third-party services in connection with the operation or use of the Website, including the third party’s access to or use of your Personal Data or data and we do not warrant or support any service provided by the third party.

3. Account

3.1. You shall procure and maintain an account registered with us (“Account”) and/or other equipment, software, operating conditions, and specifications needed to implement, receive, and use the Website. The Account is needed to access the Content, to view our services or advertisements, communicate with us or purchase any services or products offered by us or our vendors. You must be at least 18 years of age to create an Account with us.

3.2. As a condition to the use of the Website, you agree to complete a registration and onboarding process by providing us with current, complete, and accurate personal information. Such information will be handled and processed in accordance with privacy laws in Singapore and our Privacy Policy.

3.3. You may submit ideas, reviews, suggestions, or comments (“Feedback”) regarding the Website or any part thereof of our business, products, or services. By submitting the feedback, you acknowledge and agree that (a) your feedback is provided by you voluntarily and we may use such feedback for any purpose, (b) you shall not seek, and are not entitled to any money or other form of compensation, consideration, or attribution with respect to the Feedback, and (c) the Feedback is not the confidential or proprietary feedback of you or any third party.

3.4. You warrant that all such information provided to us is true and accurate. We bear no responsibility for any false, inaccurate, or untrue information or the consequences thereof and cannot be held liable. We have the sole authority to refuse and/or terminate access if you have wilfully submitted inaccurate, untrue, or false information during the registration and onboarding process.

3.5. When setting up your Account, you will be asked to create a login credential and username for your Account. You may not select an account username or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar, offensive, or may cause confusion. We reserve the right to reject and/or reassign these login credentials or username in our sole discretion.

3.6. You may be provided with a user identification code, password, or any piece of information as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party.

3.7. You may not use someone else’s Account or allow another person to use your Account. You shall notify us immediately of any unauthorised use of your Account, any other known breach of security and report to us immediately and use all reasonable efforts to stop any unauthorised use of the Account that is known or suspected by you.

3.8. You may interact or come across third-party content including links to websites, information, communication, and materials (“Third-Party Content”). We do not monitor or control any Third-Party Content on the Website. We do not make an endorsement or representations as to any Third-Party Content. You are cautioned to use these Third-Party Content at your own risk, and you agree to bear sole responsibility and liability for the use of the Third-Party Content.

3.9. You understand that the purpose of the Content is to provide information, for publicity and advertising, and for providing matching services to the users of the Website. We do not make any representations or warranties for any guaranteed performances, results or for any nature whatsoever regarding any exposure to the use of the Content. Whilst every care and effort has been made to ensure that the Content is accurate at the time of publication and creation, we assume no responsibility for any errors in the Content.

4. Payment

4.1. We partner with various payment service providers for the purposes of collecting all payment from you, transferring such payment from you to us, and holding funds in connection with such payments. All payment services in connection with the collection of funds by us are performed by our payment service providers.

4.2. Our role as the vendors’ limited authorised payment collection agent is solely for the purpose of accepting payments via its payment service provider (paid by you) and remitting the payments to the vendors. We work with various payment service providers to offer the most convenient payment methods, and we accept the following payments [credit cards, direct bank transfers and electronic wallets].

4.3. Any additional charges such as service fees and taxes are calculated and added at the time of making the purchase. We have a policy to display the total fees which are inclusive of any service fees and taxes on the payment page. By proceeding with the transaction, you agree to bear the total charges as reflected on the payment page.

4.4. After making payment, you will receive an email acknowledging that we have received your payment. The risk of payment only passes to us upon your receipt of the acknowledgment of payment and we will otherwise not be responsible or bear any risk for any loss arising from any glitches, fault, or error in transmission of the payment.

4.5. As part of anti-money laundering and anti-fraud measures, our payment service provider or us may conduct due-diligence checks on the identity of the payer and the source of the funds. We reserve the right to reject any payment that we deem suspicious or for any reason as determined by us.

4.6. When you make payment to us, third party payment processors or merchants may collect your data, process the payment, and interact with your bank or credit card issuer. We will not be responsible for any of these third-party merchants’ access to, and use of your personal data.

4.7. You agree that we will not be responsible for any fees, costs, taxes incurred by you from the use of the Website, including transaction fees payable to a third-party, or fees payable in connection with the use of the Account.

4.8. When you make a purchase, you agree to use a valid payment method which you are legally authorised to use and provide any payment information such as your own credit card. In the event that payment is rejected for the use of unauthorised or illicit payment methods, we reserve the right to disable your use of the Account, refuse to process a refund and notify the relevant authorities.

4.9. You must not offer to pay or make payment to any third party, including the Vendors, other than through our authorised payment service providers. In the event that you have been asked to use any other payment method, you must contact us at info@capeducate.com immediately.

4.10. You may cancel your order or request for a refund within seven (7) working days of your payment to us by writing to us at info@capeducate.com. We have the sole discretion to determine if a refund should be made in every refund or cancellation request. For every decision to provide a refund, we reserve the right to refund your payment through your original payment method or in any way we deem fit, including but not limited to refund credits for use on our services and products.

4.11. Generally, orders are non-cancellable, and payments are non-refundable after seven (7) days from the date of payment. Notwithstanding the foregoing, the Company has certain procedures in place to investigate and adjudicate on complaints and reviews (other than claims involving death or injury). By submitting a complaint, you agree that the Company’s decision on such complaints or reviews is final and binding on you.

5. User’s Warranties and Covenants.

5.1. You covenant that you will not:

(a) use the Website other than in accordance with these Terms and Conditions;

(b) access, tamper with, or use the non-public areas of the Website (including content storage), our computer systems, or the technical delivery systems of our external Vendors;

(c) disable, interfere with, or try to circumvent any of the features of the Website relating to security; or probe, scan or test the vulnerability of any of our system.

(d) copy, translate, merge, adapt, vary, alter or modify, the whole or any part of the Website, nor permit the Website or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Website as permitted in these Terms and Conditions;

(e) disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Website nor attempt to do any such things including attempting to determine any source code, methods or techniques embodied in the Website; or

(f) divulge, distribute, license, transfer or sell any part of the Website, Content, or any derivative works thereof.

(g) market, rent, lease, sub-license, loan, provide, or otherwise make available the Website in any form, in whole or in part to any person;

(h) infringe our intellectual property rights or those of any third party in relation to your use of the Website;

(i) use, reproduce, pass-off, or seek to register any of the Content, intellectual property rights, or any trademark, copyright, service marks, name, word, logo or symbol which is identical or may be associated with any of the intellectual property rights or Content;

(j) commit any act which challenges the ownership of the validity of the intellectual property rights in the Content or assist any person in such act;

(k) transmit, post or promote any material relating to the Website or on the Website that is defamatory, illegal, immoral, unethical, offensive, sexually explicit, violent, discriminatory or any other material which would otherwise be objectionable in relation to your use of the Website;

(l) use or interfere with the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Website;

(m) use the Website or create an Account for unlawful purposes or contravene, violate or flout any law, order, rule or regulation of the Republic of Singapore or any jurisdiction elsewhere;

(n) bypass, delete or disable any copyright protection mechanisms or any security mechanisms in the Website;

(o) collect or harvest any information or data, including by automated scripts, from the Website or our systems or attempt to decipher any transmissions to or from the servers running any service or incorporate into any other program or application; or

(p) allow, assist, or conspire with any third party including our competitors to breach any of the covenants in clause 5.1.

5.2. You warrant that:

(a) You have the full legal capacity, power and authority and, if it is a company, have/has taken all necessary action (including the passing of all resolutions and obtaining any necessary consents) to enter into, execute and deliver, and exercise its rights, and perform its obligations, under these Terms and Conditions;

(b) You have obtained all permission, licenses, rights or releases required to provide your Feedback or to engage in any other permitted activities arising out of or in connection with the use of the Website;

(c) You shall comply with all applicable laws, statutes, regulations and ordinances including any applicable technology, control, or export laws and regulations that apply to the technology used or supported by the Website;

(d) You will not violate, flout, infringe or misappropriate any third party’s proprietary or personal rights including their copyright, trademark, right of privacy, intellectual property rights when using the Website; and

(e) You shall ensure that there is no unauthorized or improper use, access, sharing, duplication, distribution, or abuse of the Website.

6. Ownership of the Website.

6.1. You acknowledge that:

(a) the Website (as defined above), including all content, information, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, “look and feel” and all other intellectual property rights embodied therein or connected therewith is owned by us and shall remain with us or our third-party licensors; and

(b) no right, title, or interest in and to the Website is transferred, assigned, or otherwise conveyed under these Terms and Conditions to you or any other party other than as set out in the limited license granted herein.

6.2. Any feedback, comments, or suggestions you may provide pertaining to the Website including the functionality, user experience and Content is entirely voluntary, and you agree to allow us to use such feedback, comment or suggestion as we deem fit without any obligation or royalty to you.

7. Availability of the Website and Upgrades

7.1. The Website may require that you have a specific type of device, operating system, minimum available memory, or other technical aspects in order to use it.

7.2. You may be required to download and install upgrades which are designed to improve, enhance, and further develop the Website. You agree to download and install all upgrades as and when they become available.

8. No Warranties.

8.1. This Website is provided on an “as-is” and “as-available” basis, and we do not guarantee to you that our Website is free or secure of bugs, malware, viruses or any other such intrusions. You shall use your own virus protection software when accessing and using the Website.

8.2. We do not make any representation or guarantee the reliability, validity, truthfulness, quality, safety, accuracy, availability of the Website or the ability of the Website to fulfil your obligations or purpose whether known to us or otherwise.

8.3. We will not be responsible for any acts or omission of a third-party including the Vendors arising out of the use of the third-party services in connection with the operation of the Website, including the third party’s access to or use of your Personal Data or data, and any injuries or death arising from the third-party’s services and we do not warrant or support any service provided by the third-party.

8.4. We hereby disclaim all representations, warranties, and conditions, express or implied, of fitness for a particular purpose, merchantability, title, performance, noninfringement, non-interference, informational content, accuracy, compatibility, system, integration, security and condition or operation of the Website and/or the technology deployed in connection therewith. In addition, we make no representation or warranty regarding the nature of the Content, or that the operation of the technology on the Website will be free from faults, interruptions, or errors.

8.5. By using the Website, you may be exposed to content that you consider offensive, indecent, or objectionable. By using the Website, you agree to assume all risks and responsibility to such exposure on the Website.

8.6. Further, we make no representations, endorsements, or warranties that:-

(a) the Website will be available on an uninterrupted, timely, secure, or error-free basis;

(b) there will be performance or results that may be obtained from the use of the Website;

(c) any information stating the past performance or results of the Website will be any guarantee of future results;

(d) the Website will be compatible with any third-party systems;

(e) the Website will be without failure, delay, interruption, error or loss of content, data or information;

(f) the Website will be accurate and reliable; and

(g) the reliability, safety or quality of any service by a third-party (including the Vendors) offered or listed on the Website.

8.7. Whilst every effort is made to keep the Website to run smoothly, we bear no responsibility, and will not be liable for, the Website or Content being unavailable due to any reasons whatsoever and howsoever.

9. Indemnification

9.1. You agree to indemnify and hold harmless us, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, reasonable legal fees and expenses, arising out of or in connection with the use of the Website and/or arising out of a breach of any of your representations, warranties or obligations under these Terms and Conditions.

10. Exclusion of Warranties

10.1. Except as expressly set out in these Terms and Conditions, no conditions, warranties, or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Website.

11. Limitation of Liability

11.1. Under NO circumstance shall we be liable for any damages, costs, expense or loss resulting from the use of, or inability to use the Website, performance of the Website or the use of or reliance on the Content therein including damages caused by malware, viruses, the incorrectness or incompleteness of the information on the Website, compatibility issues, malfunctions, faults, delay in transmission of instruction or data pertaining to the operation of the Website.

11.2. In NO event shall we be liable to you or any other person or entity for any direct, indirect or consequential loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising including legal fees on a full indemnity basis, cost of funding and loss or cost incurred by you, irrespective of whether such damages are foreseeable or not, as a result of or in connection with:

(a) Any access, use of the Website or the inability to access or use the Website;

(b) Any performance or failure of the Website;

(c) Any information provided to you relating to the Website;

(d) Any use or reliance on the materials posted, maintained, contained or stored on the Website;

(e) Any transaction performed incidental to or in connection with the use of the Website;

(f) Any termination of your Account or use of the Website;

(g) Any loss or abuse or authorised disclosure of information;

(h) Any failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;

(i) Any use of or access to any third-party Vendors, contractors or agents;

(j) The act or omission of any third party (including the Vendors) in connection with your use of the Website including the provision of services by the third-party procured through the Website; or

(k) Any breach or violation of any third-party rights, including but not limited to the violation of any proprietary or intellectual property rights or the enforcement of any of such rights.

11.3. You acknowledge, understand, and appreciate your use of the Website carries with it inherent risks and dangers that may not be eliminated regardless of the care and precautions taken. You hereby assume all risks occurring in connection with the use of the Website.

11.4. You hereby release, waive, discharge us, our directors, agents, shareholders, officers, contractors, partners, staff and employees from all liabilities and claims for personal injury, property damage, wrongful death and causes of action of any kind caused in part or whole by the negligence of us, our directors, agents, shareholders, officers, contractors, partners and employee arising from, but not limited to the use of the Website.

11.5. Without prejudice to the clauses on the exclusion of limitation, our aggregate liability in respect of all claims arising out of or in connection with these Terms and Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total subscription fee paid or payable by you during the 12 months preceding the date that the claim arose.

12. Term and Termination

12.1. The Terms and Conditions will be effective from the date that you first access the Website until as terminated in accordance with these Terms and Conditions. In the event of termination, your access and use of the Website and any of its function(s) including your Account will cease.

12.2. We may terminate your use of the Website on 3 days’ written notice if there has been a breach of any of the terms herein or if we suspect or believe that you will breach or violate any of the terms herein.

12.3. We reserve the right to terminate your use of the Website immediately and without notice to you, if you, or we believe that you, engage in acts that will cause the Website to be disrupted, malfunctioned, destroyed, or infected, or if you break or violate any laws, regulations, or orders in connection with your use of the Website.

12.4. The following shall survive the termination of use of the Website:

(a) all liabilities accrued under these Terms and Conditions prior to the effective date of termination; and

(b) all provisions set out in sections 3, 4, 5, 8, 9, 10 and 11 of these Terms and Conditions.

13. Confidentiality

13.1. You undertake that you will maintain and treat in confidence the contents of these Terms and Conditions and all other confidential information whether of a technical or business nature or otherwise relating in any manner to the information and Content which you may receive in connection with the Website and shall not divulge or disclose the same to any third-party, except to the extent that any such information becomes public through no fault of you or is required to be disclosed pursuant to law, regulatory authority or administrative agency. The obligations and restrictions in this clause herein shall survive for a period of two (2) years from termination.

14. Miscellaneous

14.1. Entire Agreement. The Terms and Conditions govern your use of the Website and completely replace any prior agreements between you and us in relation to the Website. You acknowledge that you are not relying on and will have no remedies in respect of any undertakings, warranties, promises or assurances that are not set forth in the Terms and Conditions.

14.2. Variation. These Terms and Conditions may only be amended, modified, or supplemented by agreement in writing between the parties.

14.3. Governing Law. These Terms and Conditions and any non-contractual obligations arising out of, or in connection with it, shall be governed by, and interpreted in accordance with, Singapore law, without regard to conflict of law principles. Without affecting the generality of this clause 14.3, you agree to resolve this dispute through alternative dispute resolution processes under the jurisdiction of the Republic of Singapore and in accordance with its applicable laws.

14.4. Third Party Rights. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore to enforce any of its terms. Notwithstanding any terms of these Terms and Conditions, the consent of any third-party is not required for any variation (including any release or compromise of any liability under) or termination of these Terms and Conditions.

14.5. Contact Us. All questions concerning these Terms and Conditions must be directed to info@capeducate.com