TERMS & CONDITIONS

1. Introduction

1.1        Welcome to the Doyobi website!

1.2        This Doyobi website and/or application (our “Platforms”) are owned and operated by Doyobi Pte. Ltd. (Co. Reg. No. 201941324W), a company incorporated in Singapore whose registered office is at 79 Anson Road, #23-01, Singapore 079906 and a company within the Doyobi group of companies. Any reference to “Doyobi”, “we” or “us” on our Platforms should be regarded as a reference to Doyobi Pte. Ltd. and/or, as the context requires, the Doyobi group of companies. Further, any reference to “you” or “your” should be regarded as a reference to you and/or the organisation for which you are using our Platforms and/or Services.

1.3        The following terms and conditions (these “Terms”) govern your access and use of our Platforms and the use of our services made available through our Platforms (our “Services”). Please read these Terms carefully.

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2. Acceptance of Terms

2.1        By downloading, browsing, accessing and/or using our Platforms or registering for and/or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must stop using and/or accessing our Platforms and/or Services.

2.2        If you are below 18 years old, you must obtain the consent of your parent(s) or legal guardian(s), their acceptance of these Terms and their agreement to take responsibility for: (a) your actions; (b) any charges associated with your use of any of our Services; and (c) your acceptance and compliance with these Terms. If you continue to use and/or access our Platforms and/or Services, you are deemed to have obtained the consent of your parent(s) or legal guardian(s).

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3. General Terms of Use

3.1        In using our Platforms and/or Services, you hereby agree to access and/or use our Platforms and/or Services only for lawful purposes and in a lawful manner at all times and further agree to comply with all guidelines, notices, operating rules, policies and instructions pertaining to the use of our Platforms and/or Services, as amended from time to time.

3.2        In using our Platforms and/or Services, you hereby agree and undertake not to:

1. impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
2. use the Platforms or Services for illegal purposes under applicable law;
3. attempt to interfere or disrupt other computer systems or networks connected to our Platforms or Services;
4. upload, distribute or transmit any materials or information which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable law;
5. interfere with another person’s use of our Platforms and/or Services;
6. use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the data on our Platforms or damage or interfere with the operation of another person’s computer or mobile device or our Platforms and/or Services; and
7. use our Platforms and/or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable law.

3.3        We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, our Platforms and/or Services and shall not be liable for any losses whatsoever or howsoever caused arising directly or indirectly if any such upgrade, modification, suspension, discontinuance or removal prevents you from accessing and/or using our Platforms and/or Services.

3.4        We shall have the right, but not the obligation, to:

1. monitor, screen or otherwise control any activity, content or material on our Platforms and/or Services;
2. prevent or restrict the use of any person of our Platforms and/or Services;
3. report any activity it suspects to be in violation of any applicable law to the appropriate authorities and to co-operate with such authorities; and/or
4. request any information and data from you in connection with your use of our Platforms and/or Services at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide inaccurate, misleading or fraudulent information and/or data (or if we have reasonable grounds to suspect so).

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4. Account Registration and Use

4.1        Registration. In order to use our Services, you will be required to register for an account with us, and through such process, provide your personal data (including but not limited to, your full name, email address and organisation and such other information we may require to perform our Services) which will be associated with such account. We may, at any time in our sole and absolute discretion, request that you update your personal data forthwith failing which we may invalidate your account without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by you or caused by or arising out of or in connection with or by reason of, whether directly or indirectly, such request or invalidation.

4.2        Use of Account. In utilising our Services for students, you will be required to create and register user accounts for individual users (“Users”) including individual student users (“Student Users”) to access the specific course(s) or plans purchased, and through such process, provide the personal data of such Users (including but not limited to, full name, date of birth, email address and other contact details and such other information we may require to perform our Services) which will be associated with such user account.

4.3        Warranties. In respect of such personal data, you hereby represent and warrant to us that:

1. you have registered for the account for your own use using your own personal data or for the Users who have provided their consent to disclosure of their personal data; and
2. the particulars provided during registration are accurate and complete as of the date of registration.

4.3        Warranties. In respect of such personal data, you hereby represent and warrant to us that:

1. you have registered for the account for your own use using your own personal data or for the Users who have provided their consent to disclosure of their personal data; and
2. the particulars provided during registration are accurate and complete as of the date of registration.

4.4        Undertakings. In respect of your account and the user accounts created by you, you hereby agree and undertake to:

1. keep the username and password and assigned to your account strictly confidential;
2. be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of your username and/or password;
3. not allow others to access or use the Platforms and/or Services with your username and password;
4. notify us immediately if (i) you have knowledge or suspect that the confidentiality of your username and/or password has been compromised; (ii) there has been any unauthorised use of your username and/or password; or (iii) your personal data needs to be updated;
5. maintain and promptly update your registered personal data to ensure that it is accurate, current and complete; and
6. obtain the consent of the parent(s) or legal guardian(s) of Student Users of the Platforms who are below 18 years old, their acceptance of these Terms and their agreement to take responsibility for: (i) the actions of these Student Users; (ii) any charges associated with the use of any of our Services by these Student Users; and (iii) the acceptance and compliance by these Student Users with these Terms. If the Student Users continue to use and/or access our Platforms and/or Services, you are deemed to have obtained the consent of the parent(s) or legal guardian(s) of these Student Users.

4.5        Suspension. We shall have the right, but no obligation, to suspend, disable, or delete your account at our sole discretion in the event that you breach any of these Terms.

4.6        Responsibility / Indemnity. You shall be responsible for and be bound by any use of our Platforms and/or Services through your account (whether such use is authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. We shall not be liable to you for any losses whatsoever or howsoever caused arising directly or indirectly from the unauthorised use of your account. You further agree to fully indemnify us against any losses whatsoever or howsoever caused attributable to any use of our Platforms and/or Services through your account.

4.7        Use of Electronic Device / Internet. You agree and acknowledge that in order to use our Platforms and/or Services and several functions related thereto, you will be required to use an electronic device with connection to the Internet which we shall not be responsible to provide. You shall be wholly responsible for arranging for your own use of an electronic device with connection to the Internet and any applicable charges which you may incur arising from such use.

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5. Intellectual Property

5.1        Ownership. The intellectual property rights comprised in and used in conjunction with our Platforms, the materials contained therein and all other content and materials created by us in relation to the Platforms and/or the Services (“Intellectual Property”) are owned, licensed to or controlled by Doyobi, its licensors and/or its service providers (“Intellectual Property Rights”). We reserve the right to enforce our Intellectual Property Rights to the fullest extent provided under applicable law.

5.2        Grant of License. As a user of the Platforms, you are granted a license to use the Intellectual Property Rights on and subject to the following terms and conditions:

1. Exclusivity: this licence is non-exclusive;
2. Transferability: this licence is non-transferable and cannot be sub-licensed without our prior written consent;
3. Territory: this licence relates to the use of the Intellectual Property Rights in any country in the world as permitted by applicable law;
4. Purpose: this licence is granted solely for uses in relation to the Platforms and in connection with your business and such other new programs or courses that we may approve, subject to other rights granted and restrictions on use set out herein;
5. Term: this licence is for such period whereby you continue to use and/or access our Platforms and/or Services and you agree to be bound by these Terms; and
6. You shall procure that your representatives are aware of the obligations or restrictions imposed on you under these Terms and strictly comply with these Terms so as not to cause you to be in breach of these Terms.

5.3        Prohibited Acts. As a user of our Platforms, you hereby agree and undertake not to:

1. distribute, sell, license or sub-license, let, trade or expose for sale the Intellectual Property Rights to any third party;
2. extend to any use contrary to any restriction set out herein or otherwise in a way that is not otherwise provided for herein;
3. conceal, modify, remove or destroy in any way any of our proprietary markings or in the Intellectual Property including without limitation any copyright notices or confidential legends placed upon or contained within the Intellectual Property or any related materials and documentation; or
4. reproduce, reverse engineer, decompile, disassemble, separate, alter, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer or transmit in any manner, store in an information retrieval system, or install on any servers, system or equipment without our prior written consent or that of the relevant owners.

5.4        Intellectual Property Rights. The Intellectual Property Rights used on our Platforms are registered and unregistered Intellectual Property Rights of Doyobi, its licensors and/or its service providers. Save as otherwise provided herein, you shall not acquire in any way, any title, rights of ownership or Intellectual Property Rights of whatever nature in the same or in any copies and nothing on the Platforms and/or their Terms shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Intellectual Property Rights displayed on our Platforms, without our prior written consent or that of the relevant owners.

5.5        Confidentiality. As a user of our Platforms, you hereby acknowledge and understand that the Intellectual Property contains confidential and proprietary information and you shall:

1. not provide or otherwise make any of the Intellectual Property Rights available for any reason to any other person except as permitted under these Terms or otherwise in accordance with our express written consent;
2. keep confidential the Intellectual Property Rights and limit access to the same to those of its representatives who either have a need to know or who are engaged in the use of the same; and
3. ensure that all relevant representatives are advised that the Intellectual Property Rights constitute our confidential and proprietary information and all Intellectual Property Rights therein are our property and that they owe a duty of confidentiality to us.

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6. Fees and Billing

6.1        Purchasing Seat Plans. When you create an account and purchase a Seat Plan, you will be billed for your purchase immediately. Our purchase fees are non-refundable unless we expressly communicate otherwise at the time of purchase.

6.2        Price Changes: We reserve the right to adjust pricing of the Seat Plans at any time. Unless we expressly communicate otherwise, any price changes to the Seat Plans will take effect.

6.3        Payment Methods: You may edit your payment method information by logging onto our Platforms and editing it in your account settings (the “Payment Method”). If a payment is not successfully settled due to expiration, insufficient funds or otherwise, you nonetheless will remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method or any other payment method you have provided, as it may be updated, including in the event you attempt to create a new account, reactivate the unsettled account or sign up for a new account. This may result in a change to your payment billing dates. You may be responsible for reasonable costs associated with our efforts to collect amounts due. If we cannot successfully charge your account at the time payment is required, we reserve the right, but not the obligation, to terminate your access to our Platforms and/or Services or any portion thereof and we may at our sole and absolute discretion grant you any indulgence of time.

6.4        Third Party Payment Processing: We may use third parties to process payments related to our Platforms and/or Services and you may be asked by the third party payment processor to supply relevant information such as credit card numbers and security code. You are solely responsible for reviewing the terms of use, privacy policy and other terms governing any payment made by you via the third party payment processor. You agree that all information provided by you to any third party payment processor through our Platforms are true, accurate and complete. You agree to pay all charges incurred by you at the prices in effect when such charges are incurred. We are in no way responsible for any charges you incur when making purchases or other transactions. We may retain sufficient personal information from your purchase for audit purposes and/or legal compliance and retain such information for at least the minimum statutory period.

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7. Limitation of Liability

7.1        No Representations or Warranties. Our Platforms, our Services and the materials contained therein are provided on an “as is” and “as available” basis. No representations or warranties of any kind, implied, express or statutory are given in conjunction with our Platforms, our Services and the materials contained therein. Without prejudice to the generality of the foregoing, we do not warrant:

1. the accuracy, timeliness, adequacy, commercial value or completeness of our Platforms or our Services, and expressly disclaims any liability for errors, delays or omissions in the materials contained therein, or for any action taken in reliance on the materials contained therein;
2. that your use of our Platforms or our Services will be uninterrupted, timely, secure or free from errors or that any identified defect will be corrected; and
3. that our Platforms, our Services and the materials contained therein are free from any virus or other malicious, destructive or corrupting code, agent, program or macros.

7.2         Risks of Electronic Transmission. We do not warrant that any information, instructions and/or communications transmitted by you through our Platforms or our Services are secure and cannot be accessed by unauthorised third parties, and you accept the risk that any information transmitted or received through our Platforms or our Services may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.

7.3        Exclusion of Liability. Doyobi, its affiliates, officers, employees, agents and/or partners shall not be liable to you for any loss, damages or expenses (including any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused arising directly or indirectly in connection with:

1. any access, use and/or inability to access and/or use our Platforms or our Services;
2. reliance on any data or information made available through our Platforms or our Services;
3. any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and
4. any access to and/or use of any other website or webpage linked to our Platforms, even if Doyobi, its officers, agents, or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

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8. Disclaimer

8.1        Hyperlinks. For your convenience, we may include hyperlinks on our Platforms to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your use of or access to such linked websites or content is entirely at your own risk.

8.2        Advertising. We may, from time to time, attach banners, java applets and/or such other materials on our Platforms for the purposes of advertising our products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.

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9. Consent

9.1        Consent. You hereby consent to and authorise us to collect, use, share with and/or disclose to third parties, any information provided by you (including any personal data) for some or all of the following purposes:

1. to facilitate your use of our Platforms and/or Services;
2. to process your request which is submitted through our Platforms;
3. to update you on the status of your request application and for customer support purposes;
4. to compare information, and verify with third parties in order to ensure that the information is accurate;
5. to administer your account including to (i) audit the downloading of data from our Platforms; (ii) improve and/or customise the layout and/or content of the pages of our Platforms; (iii) identify visitors on our Platforms; (iv) carry out research on user demographics and behaviour; and (v) provide you with information, offers, deals, and/or marketing or promotional materials which you may find useful or have requested from us;
6. to conduct market research and analysis and produce aggregate statistical data and reports relating to the same for third parties provided that such information is anonymised and aggregated before sharing; and
7. to governmental, regulatory or law enforcement authorities in exceptional circumstances such as when there are grounds to believe that the disclosure is necessary to prevent a threat to life or health, for law enforcement purposes, or for fulfilment of legal and regulatory requirements and requests.

9.2        Withdrawal of Consent. You may withdraw your consent to our continual use and/or disclosure of any information provided by you (including any personal data) for any of the purposes and in the manner stated above at any time by contacting us at our e-mail address below. Please note that if you withdraw your consent to our use and/or disclosure of such information, depending on the nature of your withdrawal, we may not be in a position to continue to provide our Services to you. In such an event, our rights are expressly reserved.

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10. Termination

10.1      Termination by Doyobi. In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of our Platforms and/or Services and/or disable your account. We may bar access to our Platforms and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms or where if we believe that you have violated or acted inconsistently with the Terms, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing our Platforms and/or Services.

10.2      Termination by Users. You may terminate these Terms by giving us 7 days’ notice in writing following which your accounts with us will be terminated.

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11. General

11.1      Cumulative Rights / Remedies. Unless otherwise provided in these Terms, the provisions of these Terms and our rights and remedies hereunder are cumulative and not exclusive of any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy shall operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.

11.2      No Waiver. No failure or delay to enforce these Terms shall operate as a waiver of thereof, and such failure or delay shall not affect our rights to subsequently enforce these Terms.

11.3      Severability. If at any time any provision of these Terms shall be or become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such provision was severed from these Terms.

11.4      Rights of Third Parties. A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any similar legislation in any jurisdiction to enforce any of these Terms. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.

11.5      Governing Law. The use of our Platforms and/or Services and these Terms shall be governed by, and construed in accordance with, the laws of Singapore and you hereby submit to the exclusive jurisdiction of the Singapore courts.

11.6      Injunctive Relief. We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.

11.7      Amendments. We may by notice through our Platforms or by such other method of notification as we may decide in our sole and absolute discretion, vary the terms and conditions of these Terms, such variation to take effect on the date we specify through the above means. If you use our Platforms and/or Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop accessing and/or using our Platforms and/or Services and terminate these Terms.

11.8      Correction of Errors. Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.

11.9      Language. In the event that these Terms are translated into any language other than English, the English language version of these Terms shall govern and shall take precedence over such foreign language version. In the event of any conflict between the English language version and the foreign language version, the English language version will, to the extent permitted by the applicable law, prevail.

11.10    Entire Agreement. These Terms shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.

11.11     Binding & Conclusive. You acknowledge and agree that any records maintained by us or our service providers relating to or in connection with our Platforms and/or Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and shall not be challenged or disputed as to their admissibility, reliability, accuracy or the authenticity merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights to so object.

11.12    Sub-Contracting and Delegation. We reserve the right to delegate or sub-contract the performance of any of the functions in our Platforms and/or Services and reserve the right to use any service provider, subcontractor and/or agent on such terms as we deem appropriate.

11.13    Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms to any third party.

11.14     Force Majeure. We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the contents of our Platforms and/or Services if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.

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12. Contact Information

If you wish to withdraw your consent to our use of the information provided by you (including any personal data), request access and/or correction of such information, have any queries, comments or concerns, or require any help on technical or cookie-related matters, you may reach us (and our Data Protection Officer) at partnerships@doyobi.com.