User Terms Of Service (Maroccpge) These User Terms of Service (“Terms”) govern your use of the websites, mobile apps and services, including, without limitation, your registration and use of your Account or Teacher Account, any Affiliate Services, use, access and/or purchase of access to any products or services (including any Class) or use or access of any user-related or teacher-related functionality under these Terms or the Teacher Terms, if applicable (collectively, the “Services”), provided by Ecpge Pte. Ltd. and its parent companies, subsidiaries and/or affiliates (“Ecpge”, “we”, “us” and “our”). By visiting, accessing, registering for and/or purchasing products or services (including access to any Class) through the Services, you agree to be bound by these Terms, which includes, without limitation, the Teacher Terms (if applicable), our Refund Policy, Safety Policy, Copyright Policy and any additional terms and conditions and policies referenced herein or accepted or acknowledged by you in your use or access of the Services from time to time. Such Teacher Terms and other terms, conditions and policies are hereby incorporated by reference. If you do not agree to these Terms, you may not use or access the Services. We reserve the right to change or modify these Terms at any time. If we do this, we will notify you through the Services, by email or by other reasonable means. You will be deemed to have agreed to the amended Terms by your continued use and access of the Services following the date on which notice of the amended Terms was sent to you. Any terms not capitalised herein shall have the same meaning in the Teacher Terms. 1. General You must be at least 13 years old to use the Services; however, minors of all ages may use the Services if enabled by a parent or legal guardian. If you are considered a minor in your country, you represent that you have your parent or guardian’s consent to use the Services. Please have them read these Terms with you. If you are a parent or legal guardian of a minor in your country, by allowing your child to use and access the Services, you are subject to these Terms and responsible for your child’s or ward’s activity in connection with the Services and compliance with these Terms. If you are using or accessing the Services as an individual or providing your consent to your child’s or ward’s use or access of the Services, you represent that you have capacity to enter into these Terms and perform legally binding contracts under applicable law. If you are a teacher, the Teacher Terms will additionally apply to your use and access of the Services. In the event of any conflict or inconsistency between the Teacher Terms and these Terms, the Teacher Terms will prevail to the extent of any such conflict or inconsistency. 2. Use Of The Services Subject to your compliance with these Terms, maroccpge grants you a limited, non-exclusive, revocable (with or without cause), non-transferable and non-sublicensable right and license to use and access the Services for your personal, non-commercial and educational purposes only. You shall use the Services in accordance with applicable laws and these Terms and shall not: (a) stream, upload, publish or display any photos, videos, audio, images, messages, comments, data, text, links, documents or information (“Content”), including as part of any Class (defined below) in the course of your communications with other users, that violates or infringes another party’s rights, including, without limitation, any publicity, privacy, copyright, trademark, intellectual property rights or rights in respect of confidentiality; (b) reproduce, redistribute, transmit, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense or otherwise transfer any Class (including any Content therein) purchased and/or accessed by you; (c) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the Services; (d) make any modification, adaptation, improvement, enhancement, translation or derivative work of or from the Services or any Class (including any Content therein); (e) violate any applicable laws, rules or regulations (including any criminal laws) in connection with your access or use of the Services and any Class (including any Content therein) purchased or accessed by you; (f) remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of maroccpge or its affiliates, partners, service providers or licensors; (g) use the Services or any Class (including any Content therein) purchased or accessed by you for commercial purposes or purposes other than provided in these Terms; (h) use the Services or any Class (including any Content therein) purchased or accessed by you in any way to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services, such Class and/or Content or any service, product or software offered by maroccpge; (i) use any proprietary information, interfaces or components (including any code or visual components) or any other intellectual property of maroccpge in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services; (j) use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, racially or ethnically objectionable and/or in breach of applicable laws; (k) use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters, including by means of any communication or messaging service within the Services (if any); (l) upload to, or transmit through the Services any data, file, software, link or Content that contains or redirects to a virus, Trojan horse, worm or other harmful components; (m) use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy, monitor, use or operate any part of the Services, Class or Content, or any data or content found or accessed through the Services; (n) collect any information in respect of other users in breach of any privacy or data protection laws or privacy-related rights; (o) commit any act to avoid paying any applicable fees and/or charges or to bypass any restrictions or paywalls; (p) attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or promotional codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own services; (q) authorise or encourage anyone to do any of the foregoing. We reserve the right to, at our discretion, restrict, suspend or terminate a user’s use or access to the Services or any Class or Content for any reason at any time, including, without limitation, for breach of applicable laws or these Terms. For more details, please refer to our Safety Policy. 3. Account You will need an account (“Account”) to use or access parts of the Services, including, without limitation, to use, access and/or purchase access to Class. You must, in setting up and maintaining your Account, provide and continue to provide accurate and complete information, including a valid email address or contact number (if applicable). You are responsible for all activities and transactions under your Account. We will not be responsible in any way if your Account and/or password are misappropriated or used by a third party. You agree to keep your password secure, and not share your login credentials with any other person. Unless expressly permitted by us, you may not set up multiple Accounts. You may not transfer, lend or sell your Account to another party or use another user‘s Account. If you contact us to request access to an Account, we will not grant you such access unless you can provide us with information proving that you are the owner of that Account. In the event of the death of a user, the Account of that user will be closed. You must notify us immediately of any unauthorised use (or if you suspect any other breach of security) of your Account by contacting us using our contact details below. We may request information from you to confirm that you are indeed the owner of your Account. You must be at least 18 years of age to create an Account. If you are younger than 18, you may not set up an Account, but may invite a parent or guardian to open an Account and help you use, access and/or purchase access to Class appropriate for you. If we discover that you have created an Account that violates these rules, we will terminate your Account. Under our Teacher Terms, you may be requested to verify your identity before you are permitted to provide Teacher Services through your Teacher Account or submit Class or Content for sale, display and publication on the Services. We reserve the right to, at our discretion, restrict, suspend or terminate the use of an Account, including any Teacher Account, for any reason at any time, including, without limitation, for breach of applicable laws or these Terms. 4. Class As part of the Services, you may purchase access to live online sessons (each a “Session”) provided by teachers, together with any Content uploaded by them (collectively, “Class”) by purchasing access to the relevant Class through the Services. Such Class will be provided on such subject, for such duration, on such schedule and with such minimum and/or maximum number of learners set out in the Class’ description. Users purchasing access to a Class are required to pay upfront for such minimum number of Sessions or ongoing subscription fees . A Session in a Class will be considered attended if it commences in accordance with its scheduled date and time, save where the Session is rescheduled, cancelled or not completed by the teacher. We or the teacher may reschedule or cancel a Class or Session at any time at our discretion. In the event of such rescheduling, we will use commercially reasonable efforts to provide notice of such rescheduling prior to the Class’ or Session’s start date. Any Class or Sessions rescheduled, cancelled or not completed by the teacher will not be deducted from a Class purchased by you, and any Sessions cancelled or not completed by a teacher will be refunded in accordance with our Refund Policy. Sessions may be automatically recorded as part of the Services for the purposes of (i) making such Session(s) available to learners who missed or wish to review the Session(s), (ii) for a teacher’s and our review for the purposes of improving the Services and/or Class, and (iii) for our customer support, legal and record-keeping purposes. Such Sessions, if recorded, will only be kept on our servers for a maximum of three (3) months, following which such recordings will be deleted. To the extent such Session recordings contain personal data, the collection, use and/or disclosure of such personal data will be governed by our Privacy Policy (defined below). By using the Services and/or accessing any Class or Session (s), you consent to you and/or your child appearing in such recordings for the purposes set forth above and in our Privacy Policy . 5. Payments Depending on the Class you purchase and access and any additional services you may request in relation to your use or access of the Services (if any), you will be charged one-time or ongoing subscription fees for the Class purchased by you, together with any fees, if any, for any additional products or services beyond said Class (“Fees”).For more details about ongoing subscription, please refer to our Subscription Policy. You agree to pay the Fees for any Class or products or services purchased by you, and you authorize us to charge your credit card, debit card or such payment method provided at the time of purchase. You agree to keep your Account and other information, including your email address and contact number updated, so that we can contact you as needed. When you make a purchase, you agree to use a valid payment method. If your payment fails and you get access to the Class (including any Content therein) you are purchasing, you agree to pay us the corresponding Fees within five (5) days of notification from us. We reserve the right to disable access to any Class or Content for which we have not received adequate payment. The price applicable to the Class or products or services purchased by you will be the price at the time you complete your purchase, as listed at checkout. All Fees are payable in the currency specified at checkout at the time of purchase. We reserve the right to, at our discretion, prohibit, limit, cancel any order you place with us for any reason, including, without limitation, any actual or suspected breach of applicable laws or these Terms. In the event that we limit or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to prohibit, limit or cancel orders that, in our judgment, appear to be placed by dealers, resellers or distributors. We may offer promotional or discount codes or gift cards from time to time. These codes or gift cards and any credits granted to you, if any, may expire if not used within the period of validity of these codes, gift cards or credit being granted (inclusive of the date on which such codes, gift cards or credit were granted) or the stipulated period specified on our Services or in your Account, and may not be refunded for cash. Any promotional or discount codes, gift cards or credits used in a purchase will not be restored or refunded if said purchase is subsequently cancelled or refunded. 6. Refunds You may request to cancel a Class purchased by you, subject to our Refund Policy. Please refer to our Refund Policy for further details. Once a refund is confirmed by us pursuant to these Terms, your receipt of the refund is subject to the processing time and requirements of your payment service provider and/or bank (as may be applicable). Refunds can only be issued to the original form of payment used for your purchase and cannot be issued to a different card. In the case that the original card is closed or no longer active, you may need to contact your bank or credit card company to retrieve the funds. In the event you are unable to retrieve your refund, we may, at our discretion, offer you a gift card or credit to your Account instead. 7. User Content You may, as a non-teacher user (“learner”), stream, upload, publish or display Content in your use and access of the Services and communication with other users, including teachers on the Services, if applicable. You understand and agree that you are solely responsible for the Content which you stream, upload, publish or display on or through the Services. We shall not be liable for any infringement or any loss or damage which you sustain as result of streaming, uploading, publishing or displaying such Content. You retain ownership rights in the Content which you post, share, stream, upload or display on the Services but you grant maroccpge a worldwide, fully-paid, royalty-free, sub-licensable, and transferable licence to host, store, use, display, reproduce, modify, adapt, edit, publish and distribute such Content (subject to the Privacy Policy) for the purpose of operating, developing, providing, promoting, and improving the Services and to research and develop new products and services. You acknowledge that maroccpge does not pre-screen Content uploaded by you or other learners. maroccpge shall have the right (but not the obligation) in its sole discretion to refuse, delete, remove or restrict access to any Content, including those by teachers, available on the Services. Without limiting the foregoing, maroccpge shall have the right to remove any Content, without liability or the obligation to offer a refund, in any of the following events: (a)if the Content is in breach of applicable laws or these Terms; (b)if maroccpge has received a complaint or notice of infringement in respect of the Content; maroccpge may also block Content and the delivery of a communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of efforts to protect the Services or users, or to otherwise enforce these Terms. If you purchase access to any Class pursuant to Clause 5 (Payments), we grant you, subject to these Terms, a limited, revocable (with or without cause), non-exclusive, non-transferable, non-sublicensable license to access and view such Class and any Content therein solely for your personal, non-commercial and educational purposes for the duration of your Class in accordance with these Terms. 8. Disclaimer You acknowledge and agree that your access and use of the Services (including any Accounts or Teacher Accounts), any Class or the Content and any information or materials therein are provided on an “as is” and “as available” basis. In particular, you acknowledge and agree that maroccpge may establish practices and limits concerning use of the Service, including, without limitation, the maximum period of time that any Content will be retained by the Service for, and that your use of, access to or reliance upon the Services, your Account or Teacher Account and/or any Class or Content, products or services accessed or obtained thereby is at your sole risk and discretion. To the fullest extent permitted by law, none of maroccpge or its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees or contractors make any representation or warranty of any kind, whether express, statutory or implied, that the Services, your Account or Teacher Account, any Class or Content, any information or materials therein or your use or access thereof: (a) is or will be secure, timely, uninterrupted, available, retained or stored on the Service or free of errors, defects, inaccuracies, omissions or malicious software (including where such matters arise from the use of any hardware, software, system, device, network or data), or that such matters will be corrected; (b) is or will be compatible or interoperable with any hardware, software, system, device, network or data, or will not cause any loss or failure of any hardware, software, system, device, network or data; (c) is or will be merchantable, fit for any particular curriculum, course of study or purpose, or meet your or any third party’s requirements or expectations; (d) is or will be accurate, complete, up-to-date or available on the Services at all times; (e) does not and will not infringe any third party rights. The Services may, from time to time, contain third party tools, plugins or services provided by our parent companies, subsidiaries and/or affiliates (“Affiliate Services”). Such Affiliate Services shall constitute part of the Services and likewise be subject to these Terms and the disclaimers in this Clause. We may, from time to time, and at our discretion, require you to agree and acknowledge additional terms relating to these Affiliate Services. No information or materials, whether oral or written, obtained by you from maroccpge, the Services or any Class or Content shall create any representation, warranty or guarantee. The Services, your Account or Teacher Account or any Class or Content or your use or access thereof may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the network, device or software you use). maroccpge is not responsible for any delays, delivery failures, damages, or losses resulting from such problems or from events beyond our reasonable control, including, without limitation, any act of war, hostility, sabotage, natural disaster, electrical, internet, or telecommunication outage or government restrictions. Neither are we responsible for storing or retaining any Content uploaded by you to or on the Services, for which you should maintain your own backups from time to time. You agree that from time to time we may suspend part or all of the Services or use or access of any Class or Content indefinitely (including, without limitation, in accordance with these Terms or for the purposes of upgrading or maintaining the Services) or cancel the Services at any time without notice or liability to you, and that we have no obligation to support or maintain the Services. You acknowledge and agree that our liability to you for the provision of the Services is limited to our provision of the Classes or Content through the Services for the duration of the Class(es) purchased by you (in respect of learners) and the Services (in respect of teachers) only, and that we make no representation or warranty in respect of the use of the Services by any other user (including teachers) or any Content streamed, uploaded, published or displayed by them on the Services. 9. Limitation Of Liability maroccpge, its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees, contractors, partners, service providers, licensors and their respective successors and/or assigns will not, to the maximum extent permitted by law, be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, loss of hardware, replacement costs, or any similar damages, whether based in contract, tort (including negligence) or otherwise, arising from your access or use of all or part of the Services, your Account or Teacher Account or any Class or Content, any Content streamed, uploaded, published or displayed on the Services, any product, service or functionality accessed, used or obtained therein, any conduct of users on the Services or for any claim related to the foregoing, including, but not limited to, any errors or omissions in the Services, Class or Content or any information or material therein, or any loss or damage of any kind incurred as a result of your access or use of the Services or any Class or Content, even if we have been advised of the possibility. Notwithstanding the foregoing in this clause, maroccpge and the abovementioned persons’ maximum aggregate liability to you, whether in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms, the Services, your Account or Teacher Account or any Class or Content or any information or material therein or your use or access thereof, shall not exceed S$100 or the total value of your purchases under the Services, whichever is greater. 10. Third Party Links The Services, Class or Content may contain links to other websites or applications. maroccpge is not responsible for examining or evaluating the content, completeness, accuracy or availability of these third-party websites or applications, and we do not warrant and are not liable or responsible for such third-party websites or applications or for any third-party information, materials, products or services. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, information, materials, content, or any other transactions or activities made in connection with any third-party websites or applications. Please review carefully the third-party‘s policies and practices and make sure you understand them before you engage in any activity or transaction. Complaints, claims, concerns, or questions regarding third-party websites, applications, information, materials, products or services should be directed to the third-party. 11. Indemnity You will indemnify and hold harmless maroccpge , its parent companies, subsidiaries, affiliates, directors, officers, representatives, agents, employees, contractors, partners, service providers, licensors and their respective successors and/or assigns from and against any and all actions, claims, proceedings, damages, losses, costs and expenses (including any reasonable legal and professional fees) arising out of or in connection with: (a) your use of the Services or use or access of any Class (including any Content therein); (b) your Content; (c) your use of your Account; (d) your breach of these Terms; or (e) your breach of applicable laws or regulations (including, without limitation, any data protection laws) or violation of any rights of another person or entity in connection with the foregoing. 12. Termination These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by deactivating your Account, if available through your Account settings, or notifying us that you no longer wish to use our Services. We reserve the right to, at our sole discretion, and without liability or refund: (a) suspend or terminate your Account and/or your access to the Services at any time for any reason without advance notice, including, without limitation, for any breach of these Terms or any additional terms and conditions and policies mentioned herein; or (b) change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice. You acknowledge and agree that if you deactivate your Account or if we suspend or terminate your Account, your existing Class will be cancelled and, if applicable, refunded in accordance with these Terms and you will lose any information or use or access to any Class or Content associated with your Account. We will not be liable for your or any other person’s loss of or loss of access to any Class or Content. Upon termination, all licenses and rights granted to you in these Terms will immediately cease. Any rights or obligations incurred by us or you prior to termination shall survive the termination of these Terms between us and you for all purposes. Clauses 7 (in respect of Content uploaded by you), 8, 9, 10, 11, 12, 13, 14 and 15 shall survive the termination of these Terms. 13. Privacy The collection, use and/or disclosure of any personal data submitted by you or collected in the course of your use and access of the Services or any Class or Content will be governed by Privacy Policy. 14. Miscellaneous Nothing in these Terms is intended to, or shall be deemed to, establish any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between maroccpge and you. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, such provision or part-provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms. No modification or waiver of these Terms shall be binding unless made in accordance with these Terms (in respect of modifications) or in writing and signed by maroccpge. Except as provided herein, any failure by maroccpge to exercise a right or require performance of an obligation in these Terms shall not affect maroccpge ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach. You shall not assign any rights or delegate any obligations herein without our prior written consent. We may assign our rights or delegate any obligations herein without your prior written consent. These Terms and any additional terms or policies mentioned herein or accepted or acknowledged by you in your use or access of the Services from time to time constitute the entire agreement between you and maroccpge and supersedes all prior or contemporaneous understandings, agreements, representations or warranties between you and maroccpge. 15. Governing Law And Jurisdiction You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. 16. Contact Information Questions about these Terms should be sent to us at customer.service@maroccpge.com.