STI Chinese website (“Website”), mobile application (“App”), and related services (together with the Website and App, the “Service”) are operated by Study Trust Online Pte. Ltd. (“us,” or “we”). Access and use of the Service is subject to the following Terms and Conditions of Service (“Terms and Conditions”). By accessing or using any part of the Service, you represent that you have read, understood, and agree to be bound by these Terms and Conditions including any future modifications. We may amend, update, or change these Terms and Conditions. If we do this, we will post a notice that we have made changes to these Terms and Conditions on the Website for at least 7 days after the changes are posted and will indicate at the bottom of the Terms and Conditions the date these terms were last revised. Any revisions to these Terms and Conditions will become effective the earlier of (i) the end of such 7-day period or (ii) the first time you access or use the Service after such changes. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access, or participate in the Service.
2) DESCRIPTION OF WEBSITE AND SERVICE
The Service allows users to access and use a variety of educational services, including learning or practicing a language. We may, in our sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
3) ACCEPTABLE USE OF THE SERVICE
You are responsible for your use of the Service, and for any use of the Service made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. You must comply with our Usage Guidelines when using the Service.
4) ADDITIONAL TERMS
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through your use of that Service. By using that Service, you agree to the Additional Terms.
In connection with registering for and using the Service, you agree (i) to provide accurate, current and complete information about you as requested by us; (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update any registration information you provide to us, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
6) SUBMISSION OF CONTENT
As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards, or other materials on the Service (collectively, “Content”), you hereby grant to us a full-paid, royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, and create derivative works from the Content; incorporate the Content into other works; and sublicense through multiple tiers the Content. You acknowledge that this license cannot be terminated by you once your Content is submitted to the Service. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, us, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or we have any obligation to you or anyone else to maintain the confidentiality of the Content.
You will not upload, display, or otherwise provide on or through the Service any Content that: (i) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive, or otherwise violates any law or infringes upon the right of any third party (including copyright, trademark, privacy, publicity, or other personal or proprietary rights); (ii) in our sole judgment, is objectionable, restricts or inhibits any other person from using the Service, or may expose us or our users to any harm or liability of any kind; or (iii) violates our Usage Guidelines.
7) INDEMNIFICATION OF STUDY TRUST ONLINE
You agree to defend, indemnify and hold harmless Study Trust Online and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys' fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
8) APP LICENSE
Subject to the terms of these Terms and Conditions, we grant you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. We and our licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto.
9) IN-APP PURCHASES
In the Service, you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual in-app courses” (“Virtual Items”). You are allowed to purchase Virtual Items through the Service, and not in any other way.
We may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. We may update the pricing of Virtual Items at any time in our sole discretion and may add new Virtual Items for additional fees. We shall have no liability to you or any third party in the event that we exercise any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to another user, or any third party.
We may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
10) PAYMENT PROCESSORS
11) REFUND POLICY
All payments are non-refundable. There are no refunds for Virtual Items. However, we may grant refunds on a case-by-case basis at our sole discretion. Any grant of a refund in one instance does not obligate us to provide a refund in the future, under any circumstances.
12) THIRD-PARTY LINKS, SITES AND SERVICES
The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising on the Service are subject to change. In consideration for granting you access to and use of the Service, you agree that we and our third-party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.
13) NO REPRESENTATIONS OR WARRANTIES
The service, including all images, audio files and other content type and information therein, property and rights granted or provided to you by Study Trust Online are provided to you on an “as is” basis. We and our suppliers make no representations or warranties of any kind with respect to the service, either express or implied, and all such representations and warranties, including warranties of merchantability, fitness for a particular purpose or non-infringement, are expressly disclaimed. Without limiting the generality of the foregoing, we do not make any representation or warranty of any kind relating to accuracy, service availability, completeness, informational content, error-free operation, results to be obtained from use, or non-infringement. Access and use of the service may be unavailable during periods of peak demand, system upgrades, malfunctions or scheduled or unscheduled maintenance or for other reasons.
14) LIMITATION ON TYPES OF DAMAGES/LIMITATION OF LIABILITY
To the maximum extent permitted by applicable law, in no event will Study Trust Online be liable to you or any third party claiming through you (whether based in contract, strict liability or other theory) for indirect, incidental, special, consequential or exemplary damages arising out of or relating to the access or use of, or the inability to access or use, the service or any portion thereof, including but not limited to the loss of use of the service, inaccurate results, loss of profits, business interruption, or damages stemming from loss or corruption of data or data being rendered inaccurate, the cost of recovering any data, the cost of substitute services or claims by third parties for any damage to computers, software, modems, telephones or other property, even if we have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, Study Trust Online’s liability to you or any third party claiming through you for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Study Trust Online for the service in the 12 months prior to the initial action giving rise to the liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.
You understand and agree that we have set our prices and entered these Terms and Conditions with you in reliance upon the limitations of liability set forth in these Terms and Conditions, which allocate risk between us and form the basis of a bargain between the parties.
We may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your STI Chinese account at any time by following the instructions available through the Service. Sections 1, 7, and 9-27 of these Terms and Conditions shall survive any termination.
16) PROPRIETARY RIGHTS
All content available through the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”), are our proprietary property. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping, or similar data gathering or extraction methods to obtain Service Content. As between you and us, all data, information, and materials generated from your access and use of the educational activities made available on or through the Service, including translated content generated by you (“Activity Materials”), shall be exclusively owned by us, and you shall not have any right to use such Activity Materials except as expressly authorized by these Terms and Conditions. By using the Service, you hereby assign to us any and all rights, title, and interest, including any intellectual property rights or proprietary rights, in the Activity Materials.
“STI Chinese” and all other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or service marks of Study Trust Online or their respective owners, and certain of them are registered with trademark authorities. Access and use of the Service does not grant or provide you with the right or license to reproduce or otherwise use the STI Chinese name or any STI Chinese or third-party trademarks, service marks, graphics, or logos.
19) PROMOTION CODE TERMS
We may offer codes that can be redeemed for certain Services (“Promotion Codes”). Unless otherwise advertised, Promotion Codes are subject to the following terms, in addition to all other Terms and Conditions. By using or redeeming a Promotion Code, you accept and agree to all applicable terms.
In some cases, you may receive your Promotion Code from an authorized third party, such as your employer or another business (“Code Provider”).
Your Code Provider may set additional limitations on your eligibility for the Promotion Code and may terminate your use of the Promotion Code. If your Code Provider terminates your use of the Promotion Code, you will still retain control of your STI Chinese account and data, and you may make purchases on your own.
If you redeem a Promotion Code from a Code Provider, you understand and agree that we may share data relating to your use of the Promotion Code with your Code Provider, including both anonymized, aggregate, and individual usage data.
Types of Promotion Codes
We may offer the following types of Promotion Codes:
Terms Applicable to All Promotion Codes
Promotion Codes have no dollar value and may not be redeemed for cash or a refund on an existing or past purchase.
You may redeem each Promotion Code only once.
Some Promotion Codes may be subject to expiration dates or an overall limit of allowed redemptions.
We may modify, suspend, or terminate a Promotion Code at any time for any reason.
Reselling or transferring Promotion Codes is strictly prohibited. Any Promotion Codes that have been resold or transferred are null and void.
If any Promotion Code is redeemed or used in violation of this Section or other applicable terms, we may invalidate that Promotion Code and terminate any Services obtained from that Promotion Code, without refund or exchange of any kind. Furthermore, if we determine that a user has abusively violated any applicable terms, we may ban that user from redeeming or using Promotion Codes.
20) NOTICE FOR CLAIMS OF COPYRIGHT VIOLATIONS
If you are a copyright owner and have a good faith belief that any material available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to us pursuant to the Copyright Act 2021 by providing us with the following information in writing:
an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details. You may reach out to us for Notice of claims of copyright infringement as follows:
By mail: xxxxxxxxxxxxxxx
By email: firstname.lastname@example.org
You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
21) GOVERNING LAW
These Terms and Conditions shall be governed by and construed under the laws of Singapore, regardless of your country of origin or where you access the Service.
22) CHOICE OF FORUM
Subject to Section 23 (Dispute Resolution & Arbitration), all judicial proceedings relating to or arising out of these Terms and Conditions or the Service shall be brought in Singapore. Both parties hereby consent to the personal jurisdiction of the Singapore courts and waive any objections to venue in those courts.
23) DISPUTE RESOLUTION & ARBITRATION
ANY DISPUTE OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR THE SERVICE AND SEEKING MONETARY RELIEF SHALL BE RESOLVED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS ACCORDING TO THIS SECTION.
Prior to initiating any arbitration, the party seeking arbitration (“Claimant”) must first send a written Notice of Claim to the other party (“Respondent”) containing the Claimant’s name, address, and contact information; the identity of counsel (if any); the nature and basis of the claim; and the specific relief sought. Within thirty (30) days of receipt of the Notice, the parties shall engage in at least one good-faith settlement conference by telephone or video conference. An individual party must be personally present at this settlement conference, and an entity party must be present at this settlement conference through an employee with settlement authority, though both parties may bring counsel as well. Arbitration shall be initiated only if no settlement can be reached at this settlement conference.
If a claim is within the jurisdiction of the Small Claims Tribunal, either party may choose to have the case heard in the Small Claims Tribunal instead.
If you do not want to arbitrate dispute(s) with us and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within 30 days of the day you first access or use the Service.
Notwithstanding the above, either party may apply for and obtain non-monetary, injunctive remedies or urgent relief in court without engaging in any arbitration or informal dispute resolution process.
This agreement was originally written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
These Terms and Conditions constitute the entire agreement concerning the subject matter hereof. In the event any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. We may assign its rights or obligations under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of all parties, and their respective successors and permitted assigns.