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Terms and Conditions

Last updated on: July 17, 2020

These Terms and Conditions (“Terms” or “Agreement”) cover your rights and obligations relating to your access and use of https://www.jezzal.sg-host.com (“Website”) and booking of Online Math Classes (“Service(s)”). All references to “we”, “us”, or “our” refer to Koalafied.ph. All references to “you”, “your”, or “user” relate to the person or entity who use or access the Services.

 

By clicking the applicable button or checkbox to indicate your acceptance to the Terms and Conditions and our Privacy Policy, or otherwise by availing the Service, you represent and agree that you have read, understand, and agree to be bound by both the Terms and Conditions and our Privacy Policy as binding agreements. Further, you agree that the Terms and Conditions and our Privacy Policy apply to your past use, if any, of the Service prior to the Effective Date.

 

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND RESPONSIBILITIES, INCLUDING LIMITATION OF OUR LIABILITY AND BINDING ARBITRATION. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SERVICE.

 

1. Overview of the Service

 

The Service fundamentally provides you with arranged one-on-one online math classes for students in levels Grade 4 to Grade 6, performed via third-party platform Google Meet of Alphabet Inc. The Service also include use of other Alphabet Inc. technology as described in the Website and shared with customers.

 

2. Age Policy; Permitted Users

 

Although the Service is intended for students in Grades 4 to Grade 6, we do not intend that the purchase of the Service be performed by anyone under 18 years old. Thus, by availing the Service, you represent and warrant that you are at least 18 years old and can validly transact on your own behalf. Further, you represent and warrant that your use of the Service does not and will not conflict with any pre-existing obligation in conflict or in any way inconsistent with the provisions of these Terms.

 

3. Purchases

 

If you wish to purchase the Service (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your name, e-mail address, mobile no., details about the student, and booking preferences.

 

4. Payment and Subscriptions

 

Payment for the Purchase is completed via third-party platform PayPal of PayPal Pte. Ltd. Some parts of the Service are billed on a subscription basis (“Subscription(s)”). If you avail more than 20 sessions of the Service, you will be billed monthly on a recurring basis, following the amount and installment cycle count indicated in your Purchase.

 

We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of this third-party service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through the service.

 

5. Information You Provide to Us

 

5.a. Information

As a core aspect of the functionality of the Service, you may provide us with information about yourself (“Information”) by using the Service. You agree to provide accurate, current, and complete information in your Purchase. We reserve the right to suspend or terminate the Service according to these Terms if we determine that any information provided by you is inaccurate or incomplete.

 

5.b. Content

Our Service allows you to share information and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content you provide and you agree not to transmit any inappropriate content on the Service including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. We may remove such content from our servers, and we may suspend or revoke your access to the Service, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.

 

5.c. Use of Information and Content

By providing us Information and Content, you grant us the right to use the information and content for the purposes described in these Terms and our Privacy Policy. While we do not claim ownership over any such information and content that you provide, you agree that we have the right to use such information and content as specified in these Terms and our Privacy Policy. Further, by providing us with information and content through the Service, you represent and warrant that you own, or have the full legal authority to distribute, all information that you provide on the Service.

 

5.d. Safeguard

If you become aware that an unauthorized third-party is using your information to access the Service, you must promptly notify us of such use. You agree that we will not be liable for any loss or harm that you incur if someone else uses your information to access the Service, either with or without your knowledge, and that you will be solely responsible for such use, whether or not you authorized the use. You are responsible for safeguarding your information.

 

6. Your Privacy

 

For details about how we treat the Information and Content you provide us, visit our Privacy Policy.

 

7. Information We Make Available to You

 

As part of the Service, we may provide you with various information in furtherance of the Service. Our intention in doing so is to be helpful and to make the Service more useful to you. However, you agree that all information and suggestions that we provide to you through the Service is strictly for informational purposes and shall not be construed or relied upon in any way, and specifically shall not be construed or relied upon as professional advice of any kind. You agree that, to the fullest extent permitted by law, and as detailed below in the “Limitation of Liability” section of these Terms, we will not incur any liability at all whatsoever in the event that your reliance on any information provided by us results in harm or damage to you or your property.

 

8. Links to Other Web Sites

 

Our Service may contain links to third-party web sites or services that we do not own nor control. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

 

9. Termination of Your Use of the Service

 

If you terminate this Agreement, each of the fees set out in your Purchase, once paid, are non-refundable and non-creditable against other fees payable in connection with the Service.

 

We reserve the right to take action to limit or prevent your access to our Service, if we, in our sole discretion, deem that such action is necessary based on: your use of the Service in a way that would potentially expose us to liability; disruption of the Service by you to others; your violation of these Terms or our Privacy Policy; your violation of any applicable laws, rules, regulations, and agreements that may apply to you; and your use of the Service in a way that could cause harm to any person.

 

After termination by either party, you shall no longer have access to, and shall cease all use of the Services. Any termination of this Agreement does not relieve you of any obligations to pay any financial obligation incurred by you or through your use of the Services prior to or after termination.

 

ADDITIONAL LEGAL TERMS

 

1. Assumption of Risk

 

YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. YOU AGREE THAT IF YOU CHOOSE TO USE THE SERVICE, YOU ARE DOING SO VOLUNTARILY. YOU ASSUME ALL SUCH RISKS WITHOUT LIMITATION.

 

2. Disclaimer of Warranties

 

WE ARE MAKING THE SERVICE AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

 

3. Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM OR RELATED TO ANY OF THE FOLLOWING: ANY CLAIM RELATED TO PERSONAL OR BODILY INJURY IN CONNECTION WITH THE USE OF THE SERVICE; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR RELIANCE ON INFORMATION PROVIDED THROUGH THE SERVICE; ANY LOSS OR UNAUTHORIZED DISCLOSURE OF DATA; ANY HARM OR DAMAGE CAUSED BY, OR OTHERWISE RELATED TO, YOUR USE OF OR INTERACTION WITH ANY SERVICES OFFERED THROUGH THE SERVICE; AND ANY VIOLATIONS OF APPLICABLE LAWS, RULES, REGULATIONS, AND OTHER AGREEMENTS. THIS LIMITATION SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR FORM OF ACTION.

 

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE EXCEED ONE HUNDRED DOLLARS ($100.00).

 

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR CAUSES OF ACTION, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

4. Indemnification

 

In the event that any third-party brings a claim against us related to your actions, content, information, or any other use of the Service by you, you agree to indemnify, defend, and hold us and our staff harmless from and against any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.

 

5. Governing Law, Venue, and Personal Jurisdiction

 

These Terms shall be governed by the laws of the Republic of the Philippines, without regard to conflict of law provisions. In the event a lawsuit is filed subsequent to a failure of dispute resolution as provided under the immediately preceding provisions, we both agree that any judicial proceeding shall be brought exclusively in the appropriate courts of the City of Makati, Philippines.

 

6. Severability Waiver

 

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

7. Changes

 

We reserve the right to change these Terms from time to time, with or without notice to you. If you continue to use the Service, you consent to the new Terms. Any changes to these Terms will become effective on the “Effective Date” indicated above. If you continue to use the Service after the Effective Date, you consent to the new Terms. We will always have the latest Terms posted on the Service.

 

8. Entire Agreement

 

These Terms constitute the entire agreement between Koalafied.ph and you in relation to your use of this Website and our Service, and supersede all prior agreements and understandings.

 

9. Contact Us

 

If you have any questions about these Terms, please contact us at hello@jezzal.sg-host.com.