Terms of Service
Effective date: 20 February 2024
Welcome to www.yoobain.com website (the "Website"), which is operated by Yoobain Pte Ltd, a company incorporated under the laws of the Republic of Singapore (UEN: 202343353C) ("us," "we," "our"). We offer online lesson recorded videos (“Services”) on this Website and may provide any other products and services in future (collectively, the “Services”, the “Website”). The following Terms of Service is a legal contract between you (“you” and “your”) and us regarding your use of the Services. Visitors, users, and others who wish to use the Website are referred to individually as “User” and collectively as “Users”. Use of the Serves is governed by this Terms of Services and our Privacy Policy, which describes the personal information that we collect and how we use and share it.
Please read this Terms of Service carefully. By accessing, browsing and/or using the Website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions, and any guidelines (collectively, the “Terms”), and that you have read our Privacy Policy.
If you are a parent and/or legal guardian and you provide consent for your child to use the Website and/or the Product, you agree to be unequivocally bound by these Terms.
Eligibility and Accounts
When you create an account on our Website (“Registration”, “Account”), you warrant and/or represent that you are at least 21 years old and you are the parent and/or legal guardian of a child that seeks to use the Services. You approve and/or consent to the Registration of, or otherwise assume responsibility for any child you represent and warrant that you are such child user’s legal parent and/or legal guardian and you agree to be bound by the terms on behalf of such child user, including without limitation being liable for all use of the website by the child user.
You also represent that you have not been previously suspended and/or removed from the Website by us, and that your registration and your use of the Services is in compliance with any and all applicable law.
You agree that the information that you provide us, whether during Registration, and/or at any other time, is accurate, complete, and current at all times. You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website and/or a third-party service. If you have reasons to believe your account is no longer secure (e.g. unauthorized use of account), you agree to forthwith and without delay, notify us immediately. You may be liable for the losses incurred by us and/or others due to any unauthorized use of your Services account.
We reserve all rights to take legal actions against anyone who mispresents personal information or is otherwise untruthful about their identity. We may terminate your account at any time and without warning for any failure to abide these Terms and all our rights are expressly reserved.
Purchases
You may make purchases using the third-party payment processors (i.e. Apple Pay, PayPal, and/or Stripe), who will collect your payment information and process your payment. We are not responsible for the collection, use, sharing and/or security of your billing information by these third-party payment processors.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third-party payment processor(s) is true, correct and complete.
Cancellation and Refund Policy
When you subscribe to our services, you agree to pay the subscription fee at the current rate, which may be a monthly fee or a discounted rate of for a longer subscription period. The payment for the subscription period is non-refundable, ensuring that you have full access to the subscribed services for the duration of the period you have paid for.
Upon making a payment, if you choose to terminate your subscription, please note that you will not be entitled to a refund for any unused portion of your subscription term. However, you will continue to have access to the service until the end of your current subscription period.
By subscribing to our services, you acknowledge and agree to these terms, understanding that your subscription is bound by the conditions of this cancellation and refund policy.
Access
We grant you to reasonable access and make personal use (strictly for non-commercial use) of the Services in our Website as part of your continued subscription. You agree to use the Website only for purposes that are permitted by the terms (which may be amended by us from time to time and without notice to you), any applicable law, regulation and/or generally accepted practices guidelines in relevant jurisdictions.
User Content License Grant
When you post or upload information on our website or social media, please ensure it's respectful, and follows the applicable law. We reserve the rights to take down anything we think that isn’t right and/or offensive in nature. Also, when you share comments or content, you're giving us permission to use it worldwide, for free, and forever, to show it off or share it in any way we want.
You are solely responsible for the use of our services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others under these Terms. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the services nor does it endorse any opinions expressed via the services.
If you submit enquiries, suggestions and/or any feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you.
Prohibited Conduct
You agree not to:
1. Commercial Use Restrictions: You agree not to use the Services for any commercial purposes unless you have received our express written permission. This includes, but is not limited to, offering any part of the Services for sale, using the Services to increase traffic to your own or a third party's website for commercial reasons, or using the Services to market your products or services directly to other users.
2. Intellectual Property Respect: You are prohibited from reproducing, duplicating, copying, selling, trading, reselling, storing, or distributing any portion of the Services, including any data, images, text, or services provided through our platform, without our explicit written consent. This ensures respect for the intellectual property rights that support our service.
3. Protection of Minors: The Services must not be used in any way that could be harmful to minors. This includes distributing content that is not appropriate for minors or engaging in activities that do not comply with applicable laws concerning the protection of minors.
4. Impersonation and Misrepresentation: Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity, is strictly prohibited. This includes using another user's account without permission and attempting to deceive others about your identity or affiliation.
5. Automated Access: The use of robots, spiders, or any other automated means to access the Services for any purpose, including monitoring or copying material or data from the Website, is forbidden without our express written consent. This restriction aims to protect our services from unauthorized scraping and data mining.
6. Spam and Unsolicited Communications: Sending unsolicited offers, advertisements, proposals, or junk mail to other users of the Services is not allowed. This includes any form of spamming, such as the bulk mailing of commercial advertising, the distribution of promotional materials, or other solicitation material without the recipients' consent.
7. Service Interference: You must not intentionally interfere with or damage the operation of the Website or Services by any means. This includes introducing viruses, overloading, flooding, spamming, mail-bombing the Website, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
8. Account Transfer Restrictions: Your rights to access the Services are personal to you. You agree not to assign or transfer any part of your rights or delegate your obligations under these Terms without our prior written consent. This includes sharing or transferring subscription accounts or access credentials.
Disclaimers and No Warranties
The Website, including all data, information, materials, content, reference sites, services, or applications provided in conjunction with or through the Website, is made available to you on an “as is” and “as available” basis, incorporating all faults without warranty of any kind. We expressly disclaim all warranties and conditions, whether express, implied, or statutory, to the fullest extent permissible under Singapore law, including but not limited to, warranties of merchantability, quality, availability, quiet enjoyment, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained from us or through the Website, shall create any warranty not explicitly stated in these terms.
We do not guarantee that the Website or any data, user content, functions, or any other information offered through the Website will operate uninterrupted, error-free, or devoid of viruses or other harmful components. Further, we do not warrant that any errors or defects will be corrected. Our services are provided with the understanding that some features may be experimental and not tested, and as such, we make no representations or warranties regarding the suitability of the services for your specific needs, security, accuracy, or uninterrupted availability.
You acknowledge and agree that your use, access, downloading, or otherwise obtaining content, website materials, software, or data through the Website (including any APIs) is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Under Singapore law, certain implied warranties and conditions may not be disclaimed if providing such disclaimers is deemed unlawful. Therefore, the exclusions and limitations set forth above may not apply to you in their entirety, but instead, will apply to the maximum extent enforced by Singapore law.
Indemnification and Limitation of Liability and Damages
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website including associated Services.
You agree to indemnify, defend and hold harmless this website/company including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against and/or incurred by us that arise out of, result from, and/or may be payable by virtue of, any breach and/or non-performance of any representation, warranty, covenant and/or agreement made and/or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the website, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall Yoobain Pte Ltd, its officers, directors, employees, partners and/or suppliers be liable to you for any direct, indirect, punitive, incidental, special and/or consequential damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence and/or other tortious action, and/or any other claim arising out of or in connection with your use of or access to the Website, Products, Services or materials, or interaction with any third-party through or in connection with us.
If, despite the limitation above, we are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences describe above, then our liability will in no event exceed the fee you paid to us in connection with such transaction(s) on this website.
Third Party Information
The Website may host information provided by third parties, or may include links or references to other websites. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information. Access or and use of reference sites, including the information, materials, products, and services on or available through reference sites, is solely at your own risk.
Intellectual Property
We reserve all intellectual property rights in all contents and materials in this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, video, product and other thereof (collectively, “Content”).
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you and/or your agent may send us a written notice of such alleged infringement titled “Alleged Infringement of Intellectual Property Rights” Your notice to us must include the following information:
1. An electronic and/or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
2. A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists and/or a copy of the work;
3. Your name, email, address and telephone number; and
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out and/or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at admin@yoobain.com
Privacy
In compliance with the Personal Data Protection Act (PDPA) of Singapore, we are committed to protecting the privacy and security of your personal data. We collect, use, and disclose personal data provided to us in accordance with our Privacy Policy and the PDPA. We implement appropriate security measures to protect personal data against unauthorized access, collection, use, disclosure, copying, modification, disposal, or similar risks. You consent to the collection, use, and disclosure of your personal data by us for the purposes set out in our Privacy Policy and as permitted under the PDPA. For more details on how you may access or correct your personal data or withdraw consent to its use, please refer to our Privacy Policy.
Governing law and dispute resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore, not including its conflicts of law provisions. Any dispute arising out of or in connection with this Terms of Service, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service, but we will notify you of any changes by posting the updated Terms of Service on this page.
Please check the Terms periodically for changes that are made after you open your Account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes.
If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
Term and Termination
Agreement to these terms is effective until terminated by either you or us.
We, in our sol and absolute discretion, for any and/or no reason, and without penalty, may terminate your account you may have with us and/or your use of the Services, without prior notice and without explanation.
You may terminate these Terms at any time by deleting your login account with the Services and discontinuing use of any and all parts of the Services.
Termination of the Terms as to any User account will not limit our rights and remedies regarding any breach of these Terms occurring prior to such termination.
Contact Us
If you have any questions about our Terms of Service, please contact us at contact@yoobain.com