Terms

TERMS OF USE

Welcome to the Eblity community! You are an important part of this community in growing Eblity to be a safe and thriving resource platform for everyone who needs some form of support.

To achieve that, we have set out some terms and conditions “Rules” so that you can easily understand the Rules of engagement and boundaries. Please read this agreement carefully before using our platform and engaging our services.

By using Eblity or signing up for an account on our platform, you are agreeing to the terms set forth here.

 

Definition

Eblity, a brand of Exponential Learning Lab Pte Ltd incorporated in Singapore and referred to either as “Eblity”, “Platform”, “Company”, “Team”, or “We” is an online resource platform offered through this URL www.eblity.com (referred to as the “Website”), that allows you to register and be connected to several resources for the purpose of conducting and receiving services. As a User of the Platform or representative of an entity using the Platform, you will be referred to as “User” or “You” in this agreement. The “Terms” define the Terms of Use under which you are allowed to use the Platform. If you have any questions regarding this agreement, please do not hesitant to contact us at team@eblity.com. 

 

Account

Eligibility

In order to use Eblity, You are required to do the following:

  1. Join the community,
  2. Provide true, complete and up-to-date contact information,
  3. Agree to the Terms of Use.

By using Eblity, You represent and warrant that all information provided above is accurate, You abide by all governing laws of Singapore, and You use the Platform with the highest ethical and moral standards.


Eblity may refuse service, close accounts of any Users, and change eligibility requirements at any time.

 

Terms

The Terms begin when you sign up for Eblity and continue as long as you are registered on the Platform. By setting up an account and providing all the requested information therein, you have undertaken to agree and comply with our Terms represented here. If you have signed up for Eblity on behalf of a company or other entity, you represent and warrant that you have the authority to accept the Term on their behalf.

Changes

We may change details in the Terms by providing an updated/revised Terms of Use on our Website and/or by sending an email notification to User’s last email address within ten (10) days of change. Unless the User terminates his/her account in writing within ten (10) days, the new Terms will be effective immediately and apply to any continued or new User of Eblity. We may change the Website, the Platform, or any features of the Platform at any time.

Account/User Name and Password

You are responsible for keeping your account name and password confidential. You are also responsible for any account that you have access to, whether or not you are authorized the use. You will immediately notify Eblity of any unauthorised use of your accounts. Eblity is not responsible for any losses due to stolen or hacked passwords. Eblity does not have access to your current password, and for security reasons, may only reset your password and notify you via email to change your password.

User must register with a valid personal email address that they access regularly so that notifications and emails can be sent to them. If a user registers with someone else’s email address, or with a temporary email addresses, then his registration may be terminated without notice. We may require Users to re-validate their registration if we believe they have been using an invalid email address. We reserve the right to terminate a registration if we cannot validate authenticity of the User.

Your account will be deactivated if left unused for six months. If a User wishes to re-activate his/her account, please write in to support@eblity.com with the Account Name and Registered Email Address.

Account Disputes

Eblity is not privy to the inner workings of a user’s organization or the nature of their personal relationships, and will not arbitrate disputes over who owns an account. User shall not request access to or information about an account that is not theirs, and shall resolve any account-related disputes directly with the other party. Eblity determines ownership of an account based on the registered email associated with the account. In case of conflict, Eblity reserves the right to make the final decision on account ownership.

For Service Providers

Upon your registration as a service provider with Eblity, you are required to inform us of the following, if you:

  • have a criminal record in Singapore and/or any other country.
  • have been charged or convicted in a court of law in the Singapore and/or any other
  • have a history of nervous or medical conditions.
  • have been suspended, discharged or dismissed from the services of any employer for any reasons whatsoever.

If you have an incidence/encounter with any of the above, please provide us with the details at registration by emailing us at support@eblity.com. All details will be kept strictly confidential. Omission or fraudulent declaration may result in:

  • immediate termination of Eblity’s agreement with the User as a registered tutor on the Platform; and/or
  • subsequent prosecution by relevant parties in a civil/criminal court of law in the Singapore

Users are not allowed to advertise or promote any other website or business on our Platform. As a service provider using the Platform, you are expected to respect the partnership with Eblity. When you are approached by a User through Eblity, You are expected to use our services (online platforms, booking and payment portal, and customer services) within Your rights and/or obligations. If you are currently working with other similar online platform or physical agency, please inform Eblity via email at support@eblity.com. Strictly no agency listings without written permission from Eblity.

 

PAYMENT

Credit Cards

All active tutee accounts are required to use valid credit card information and authorise payments on the Platform to deduct the service and product charges against the credit card.

Anyone using a credit card represents and warrants that they are authorised to use the credit card, and any/all charges that may be billed to the credit card will not be rejected. If we are unable to process your credit card order, we will attempt to contact you via email to re-process credit card payment. If you remain uncontactable, the associated account will be suspended until payment is re-processed and approved.

Eblity uses Stripe, PayPal and Razorpay as our online payment platform. User shall be subjected to the terms of payment, processing and credit cards related transactions. Please visit their respective links to find out more: https://stripe.com/us/privacy, https://www.paypal.com/sg/webapps/mpp/ua/privacy-full and https://razorpay.com/privacy/.

 

 

Refunds

Any refund requests must be submitted in writing to Eblity to support@eblity.com. Refund requests shall be reviewed by the Team on a case-by-case basis. Any approved refund payment will be credited to the User’s account within 15 business days.

Billing Changes

The Platform is an online tool to support educators, practitioners and parents to manage the personalised plan for each student as well as platform for service providers and resource partners to list their services and products, provide free and paid resources and parents, students and other stakeholders to purchase services, products, etc.. Service providers shall list their desired rates on a half (1/2) hourly basis for services. Do note that changes to listed rates can only be made after a 30-day period, unless with written approval from Eblity.

If a User is suspected to be compromising any Terms, applicable laws and regulations, and/ or falsely reporting lesson duration and/or product/service specifications, Eblity will suspend the User’s account with immediate effect for an indefinite period. The User’s account may be reactivated once an investigation has been completed.

Eblity reserves the right to withhold any payable fees to facilitate investigations, and will only release payment to the tutor after the investigation is completed.

If a User is found to be have engaged in any fraudulent activities or provided inaccurate information, Eblity reserves the right to demand reimbursement of payment, and User shall be responsible for all chargebacks and/or refund requests.

 

SATISFACTION PLEDGE

While we work to ensure that you are completely satisfied with our Platform, Products and Services, we understand that you may have occasional unsatisfactory experience.

If you do have an unsatisfactory experience, please let us know about it within 48 hours so that we may investigate and improve our service. To report an unsatisfactory experience, you may communicate your issues to us via support@eblity.com with the following information:

  1. Date and time of purchase
  2. Reason for requested refund
  3. Have you discussed with service provider and agreed to the issue?

If our review findings determine that your lesson did not meet the standard of quality, we will refund all or a portion of the fees back to you. Our decision will be final and binding.

 

RIGHTS & REPORTING

Proprietary Rights of Platform

User shall respect all Eblity proprietary rights and software of the Website including but not limited to patents, trademarks, service marks, trade secrets, and copyrights.

Right to Review Account

Eblity may view, edit, and internally distribute content from user’s account and create algorithms and programs (referred to as “Tools”) that will assist in the accuracy of matching service provider and customers/students. Account information may be used to take action against Users who violate Terms or governing laws of Singapore.

If the User is unhappy with any services/products, he must report his concerns to Eblity within 48 hours of the end of the Lesson. We shall then investigate the concerns and, if appropriate, arrange a refund. Our decision will be final and binding.

Rights to Recordings of Online Sessions

Eblity shall have the sole ownership rights to all recordings made after the completion of all successful sessions conducted. All recordings will be stored in Our Platform server with authorized access for a period of 1 (one) year, after which the access of each recordings will be removed from the Platform. The purpose of the recording shall be for educational reviews, service improvements, teaching evaluations and/or as evidence(s) for complaints initiated by either Users. All recordings are stored under strictest confidence, and can be assessed only by the Team, the Service Providers and the Customers who are the direct parties involved within the contents of recording.

Users who wish to delete any of the recording before the expiry of 1 year, can bring forward their request to the Team via written email at support@eblity.com.

Any Recordings shall not be retrieved and/or used by any unauthorized parties, for any unauthorized or illegal, immoral activities deemed detrimental to the Company, and/or to all Users registered with Eblity, past Users de-registered by Eblity, or any third parties protected by all rights according the local, state, and/or federal laws. If any violations of confidentially be alerted by the Team or reported by any Users, Eblity shall proceed with the investigation, and any Users found to infringe the privacy rights of any parties linked to these recordings, shall have their accounts terminated and relevant legal actions be taken against the said User as well as any third parties not registered with the Platform.

Reporting Abuse

If you suspect any User violating any Terms, please notify our Team immediately. If you are being harassed or spammed by another existing User, please report it to our Team immediately.

If a User fails to abide by all Terms and or disrupts any of our Services in any way, we may use available information we have of the User to stop any further such breaches, which may include suspension or termination of account. We may inform relevant third parties such as the police, your employer, school or email provider about the infringement. We reserve the right to take legal action against any User or any account, at our full discretion.

 

DISPUTE RESOLUTION AND ARBITRATION

If a dispute arises from or relates to this Terms or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavour first to settle the dispute by mediation administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre.

The seat of the arbitration shall be Singapore. The arbitral tribunal shall consist of one arbitrator.

Notwithstanding anything to the contrary in these Terms, Eblity may at any time without regard to any notice periods required by the provisions in these Terms, and as often as is necessary or appropriate, seek any injunctive relief or measures, or any interlocutory, provisional or interim relief or measures, from any court of competent jurisdiction.

 

LIABILITIES & DISCLAIMERS

Prohibited Activities

You shall not (nor cause any third party to) use the Website or the Platform to perform any illegal or immoral activities (including but not limiting to, defaming, abusing, harassing, stalking, threatening, or otherwise violating any legal rights – such as rights of privacy of others) or any of the following types of activities, without limitation to:

  • disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
  • transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
  • that would constitute fraud;
  • transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or disrupting the Website or the Platform;
  • disrupting the activities or enjoyment of the Website or the Platform for other Users;
  • collecting or storing personal data about other Users;
  • use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the Website);
  • use of the Website to gain competitive intelligence about Company, the Website, or any product or service offered via the Website or Platform, or to otherwise compete with Company or its affiliates;
  • framing or otherwise simulating the appearance or functions of the Website or any portion thereof; or
  • harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.

You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by You including but not limiting to any of the User Content created or submitted by You.

Confidential Information

Users of the Platform may have access to ‘Confidential Information’ during their term of use with Eblity.

“Confidential Information” shall mean all information, in whole or in part, that is disclosed by Eblity, or any participant or User of Platform, or any employee, member, or agent thereof, that is non-public, confidential or proprietary in nature.

Confidential Information also includes current, future, and proposed information about the business, operations, trade secrets, know-how, technology, sales and marketing materials, services, products, employees, clients, financial information, or any knowledge gained through examination or observation of or access to the premises, computer systems and/or software of Eblity.

User agrees to keep confidential all “Confidential Information” relating to the Eblity and the Platform in strictest confidence, and will use the same precautions, care and discretion to avoid misappropriation or other disclosure of Confidential information with reasonable care.

Liability Waiver

To the maximum extent permitted by law, User shall assume full responsibility for any loss that results from use of the Website and the Platform, including any downloads from the Website. Under no circumstances shall Eblity and/or its contractual partners, any of its affiliates, shareholders, directors, employees, or subsidiaries be liable for any damages, whether direct, indirect, punitive, special, or consequential damages, arising out of or in any way resulting from negligence, even if Eblity and/or its partners have been advised of the possibility of those damages.

Force Majeure

Eblity will not be held liable for any delays or failure in performance of any part of the Platform, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, and acts of hackers/third-party internet service providers.

Disclaimer of Warranties

To the maximum extent permitted by applicable law, Eblity provides its services and products ‘As Is’ without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Indemnity Clause

Each member shall release and indemnify, save and hold harmless Eblity and all its subsidiaries, other Users, shareholders, directors, officers, employees, agents from any and all losses, damages, costs, fines, claims, actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the actions of the user with the participation in or use of the Platform.

Governing Law

The Terms of Use at Eblity shall be governed in all respects by the Laws of Singapore.

 

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