Representative / User / Tutor / Student – Definition
The terms “you”, “You”, “User”, or “Users” shall refer to any Student, Tutor, Parent, or individual that may view, use, access, browse, or submit and content or material to the Services. The term “Services” shall refer to the website, applications, platforms, activities and transactions provided by Eduplay. “Personal Information” refers to information relating to you or other identifiable individuals.
“Account” means the user profile you create by registering as a User on the Site in accordance with these Terms of Service.
“Content” means all text, graphics, images, software, audio, video, information or other files or materials.
“Site” means Eduplay.com, including any subdomains of those websites, mobile sites, apps, API and widgets
“Tutor” means a tutoring or educational services provider accessible to Users via the Services.
“Online Tutoring Services” mean any tutoring or educational services that a tutor may provide to a User that is related to a User’s Account or the Services.
“Online Tutoring Session” means the period of time during which the Online Tutoring Services are provided by a Tutor to a User calculated on a per scheduled time basis.
“User” means you, a person who seeks and/or schedules Services for or on behalf of a student or yourself and includes a parent or guardian of a student if such student is a not within the legal age according to the laws in Malaysia and/or a minor.
“User Content” means Content that a Tutor or a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services in connection with the Services or otherwise, including, without limitation, questions and related answers posted by Users and Tutors via the Services.
Not all tutors are attached or employed by the company. Rather some of the cases it is up to the third party tutoring providers (Tutor) to offer tutoring services to you and it is up to you to accept such tutoring services. The service of the company is to link you with these tutoring providers and conduct tutoring session in our online platform but is not intended to provide tutoring services or any that may seem as such. The company is not responsible nor liable to any acts or omissions of any third party tutoring provider or any tutoring services provided to you. Some Tutors are independent contractors and are not employees of Eduplay.
Eduplay can be used to facilitate learning and tutoring services via the online platform. As such, Eduplay provides a platform with available technology for users to connect with tutors online and conduct lessons based on the availability and requirements of both parties.
You acknowledge and agree that the services provided by Eduplay are for the use of facilitating learning and tutoring, and not to be used for illegal actions or immoral acts. You agree not to use Eduplay services for any purpose that violates academic honesty or any policies that may conflict with the policies of your school, university, academic institution, workplace or the law of the country, Malaysia. TUTORING SESSIONS SHOULD BE SUPERVISED BY A RESPONSIBLE PARENT, GUARDIAN, OR ADULT IF NEEDED.
Responsibilities (Obligations) of Representative / User / Tutor / Student
Students are responsible for selecting the right courses dependent on their needs.
Cancellation and No-Show Policy
If the Student does not show up for the session, signalled by being absent for the first 15 minutes of a scheduled session, no cost will be refunded.
Third Party Websites
Eduplay may contain content provided to Eduplay by other parties, including any editorial content provided by third party authors that are not employed by the Company shall be deemed to be Third Party Content (Third Party Content). The Company shall not be responsible for, does not endorse and makes no representations either expressly or impliedly concerning Third Party Content, and the Company shall not be responsible or obliged to monitoring or making inquiries on any Third Party Content.
Intellectual Property Rights
As between you and Eduplay, Eduplay retains all right, title, and interest in, including all related intellectual property rights, in and to the Software, Application and Service. All rights, titles, and interests in and to the Services provided not expressly labelled within this Agreement are reserved by Eduplay. Nothing herein this agreement shall be construed to strict, impair, alter, deprive, or adversely affect the Services or any of Eduplay rights or interests or any other Eduplay intellectual property, brands, information, content, process, methodologies, products, materials, goods, services, or rights whether tangible or intangible.
In your use of and interactions with Eduplay and its services, all content, organization, layouts, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings or any material that is copyrighted material belonging to others may not be post, modified, distributed, or reproduced in any way without obtaining the owners prior written consent. Eduplay reserves the right to remove any content that is believed to have infringed the copyright rights of others, and/or to terminate the accounts of users who is believed to be infringers in Eduplay’s own discretion.
No part of the content may be reproduced or incorporated in any form other than that of the User’s own personal use. The user agrees that he or she will not infringe on the company’s copyright by any method or manner now known or which may exist in the future. The domain name is the sole property of the company. Names, marks, logos of other services or companies found on the website may be the trademarks of their respective owners. All materials related to Eduplay are works protected under the Malaysian Copyright Act 1987.
During the Term of this Agreement and after termination or expiration of this agreement for any reason whatsoever, the receiving parties shall hold all Confidential Information in strict confidence relating to the Company, its services, products, business affairs, marketing, promotions, operations or the like and its associated companies which may have been disclosed to you by or on behalf of the Company. Such information which are otherwise directly or indirectly acquired by you or the Company is applicable to these Terms. The rights, title, and interest in Confidential Information remains with Eduplay and its affiliates. You shall ensure that it, its officers, employees, and agents only use such confidential information to perform the Service and shall not without the Company’s written consent, disclose such information to any third party nor use it for any other purpose.
Disclaimer of Warranties
Use of the site is at sole risk of the user unless otherwise explicitly stated. The site, including the information, services, and content found within is provided on an ‘as available’ and ‘as is’ basis. The company does not guarantee continuous, uninterrupted or secure access to the services. As such, operation of the site may be disrupted due to factors outside of the company’s control of which the company shall not be liable for any loss, liability, or damage which users may have incur as a result. This may include any damage to your computer system or loss of data, or damage resulting from viruses. Eduplay makes no warranty or representations that the results that may be obtained from the use of the website is accurate or reliable. Furthermore, Eduplay makes no warranty or representation that the quality of any products, services, content, information, or materials provided by tutors will meet the expectations or requirements of the student and/or user.
Eduplay disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability or satisfactory quality. Eduplay makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability, truth, accuracy, or completeness of the site as well as that any errors in the site will be corrected.
Suspension and Termination
Eduplay reserves the right to suspend and/or terminate any user with or without notice at any time as the company deems fit, for any reason or no reason. You agree that if you are suspended and/or terminated, you will no longer make use of the site or its services after termination or during suspension.
To the maximum extent permitted by applicable law, in no event shall Eduplay, its affiliates, supplies, advertisers, directors, employees, or licensors be responsible or liable for any indirect, incidental, consequential, special, punitive, exemplary, or any damages from loss of profits, data, or intangible losses, that result from use or misuse of the services or any other aspect relating to the site and/or any content contained therein. Under no circumstances will Eduplay be responsible or liable for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the services or your account or the information contained therein. The company provides no warranty, assurance, or promise that its services, applications, or customer service will work as intended on your phone, computer, tablet, or other device. Your sole remedy for the dissatisfaction with the site is to stop using it.
Refund Policy / Payment
No refunds will be given for any paid and enrolled program. However, you are given 6 (six) business days cooling-off period after payment to reconsider your decision in joining of our course(s) provided that you have not attended or proceeded with any courses. Within this period, you may withdraw such registration and any fee(s) paid will be refunded.
post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s copyright, trademark, patent, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
use, display, mirror or frame the Site, or any individual element within the Site or Services, Eduplay’s name, any Eduplay’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Eduplay’s express written consent;
access, tamper with, or use non-public areas of the Site, Eduplay’s computer systems, or the technical delivery systems of Eduplay’s providers;
attempt to probe, scan, or test the vulnerability of any Eduplay system or network or breach any security or authentication measures;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Eduplay or any of Eduplay’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
attempt to access or search the Site, Services or Collective Content or download Collective Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Eduplay or other generally available third party web browsers;
This Agreement shall be governed by and construed in accordance with the laws of Malaysia, and shall be subject to the non-exclusive jurisdiction of Malaysian courts.
EDUPLAY collects Personal Information from people who browse our webpage or who purchase products from our webpage. “Personal Information” means any information that can be used to identify you or that relates to you. EDUPLAY collects the following information from you when you browse our web page:
Usage data relating to EDUPLAY Websites and EDUPLAY Products
EDUPLAY website page views
Comments you post about our products
Information may be aggregated and/or anonymized. When information is aggregated, it is combined with information about other customers and users. When information is anonymized, Personal Information is removed from collected data and the remaining portion of the data, containing only Non-Personal Information, is repurposed for internal or external use, such as, for example, to determine how many users of a particular router include an Internet-enabled television in a home network environment, or how many users viewed a particular website video or advertisement. Aggregated information that includes Personal Information is considered Personal Information until it has been anonymized. Anonymized information is considered Non-Personal Information. In general, usage data collected when you visit EDUPLAY Websites or use EDUPLAY Products is both aggregated and anonymized, so it does not identify you personally and is therefore Non-Personal Information.
How We Collect Information
You acknowledge that personal information including but not limited to your name, address, phone number, email, gender, occupation, household income, personal interests, information regarding search activities and behaviour such as the duration of active membership/registration, cookies, web beacons and measurement software or data relating to survey responses, and any other information provided by you will be collected and processed by the Company.
For some situation, information such as NRIC/passport, health care, social network credentials, user name, site ID, profile photo, email address and concession cards may be collected and processed to enable verification of identity.
You warrant and acknowledge that the personal information provided by you is your own information or information which you have been authorised to provide to us.
Information we collect about you. We may automatically collect information when you use EDUPLAY Websites or EDUPLAY Products, including:
Technical information, including the Internet protocol (“IP”) address used to connect your computer or other device to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform and language preferences. This information is all normally provided by your web browser, and we do not specifically request it.
Information about your visit to EDUPLAY Websites, including the full Uniform Resource Locators (“URL”) clickstream to, through and from EDUPLAY websites (including date and time); products you viewed or searched for; page response times; download errors; length of visits to certain pages; videos watched; page interaction information (such as scrolling, clicks, and mouse-overs); and methods used to browse away from the page.
Information we receive from other sources. We work closely with third parties who provide services to us (including, for example, business partners, subcontractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and we may receive information about you from them.
How We Use Information
We may use the information we collect for several purposes. These purposes will be consistent with the reason you provided the information to us or for a directly related purpose. The uses we make of such information include the following:
To set up an account for you on EDUPLAY Websites or EDUPLAY Products.
To facilitate your purchase of EDUPLAY Products.
To authenticate use of your account or purchases and/or use of a EDUPLAY Product.
To register your EDUPLAY Product in our product database.
To carry out our obligations arising from any contracts entered between you and us and to provide you with the information, products and services that you request from us.
To assist you with customer support.
To communicate about and administer participation in customer promotions and surveys.
To provide the EDUPLAY Products you request.
To provide you with information about the EDUPLAY Products you use, such as new features, bug fixes or upgrades.
To help us develop new EDUPLAY Products and improve current EDUPLAY Products.
To notify you about changes to EDUPLAY Websites and EDUPLAY Products and changes to our terms, conditions and policies.
To administer EDUPLAY Websites and EDUPLAY Products for internal operational purposes, including troubleshooting, data and statistical analysis, testing, research and survey purposes.
To improve EDUPLAY Websites and EDUPLAY Products and to ensure that content is presented in the most effective manner for you and for your computer or device.
To ensure the security of EDUPLAY Websites and EDUPLAY Products.
To monitor and regulate interactive features of EDUPLAY Websites and EDUPLAY Products that you may choose to participate in, including live chat relating to EDUPLAY Products.
To help you navigate EDUPLAY Websites.
To measure or understand the effectiveness of advertising we serve to you and others who visit EDUPLAY Websites and to deliver relevant personalized advertising to you and others.
To determine which aspects of EDUPLAY Websites and EDUPLAY Products are most useful to you and other users of EDUPLAY websites and EDUPLAY Products.
We may share Personal Information in the following ways:
Within EDUPLAY for purposes of data processing or storage.
With business partners, service vendors, authorized third-party agents or contractors to provide a requested service or transaction, including issuance of certificate, processing orders, hosting websites, storing your information, providing email communications on our behalf and providing customer support. We only provide these third parties with the minimum amount of Personal Information necessary to complete or provide the requested service or transaction, and we do not allow third parties to use your Personal Information for a different purpose than what was disclosed to you.
With service providers, advisors or other third parties to the extent reasonably necessary to proceed with the negotiation or completion of a merger, acquisition or sale of all or a portion of our assets. If EDUPLAY merges with or acquires or is acquired by another entity, Personal Information would be transferred to the successor entity.
To comply with the law or legal process (such as responding to subpoenas or court orders), to comply with government reporting obligations and to exercise our legal rights or defend against legal claims.
In addition, we may share aggregated and anonymized Non-Personal Information, including usage data about EDUPLAY Products, with third parties for a variety of purposes, including to analyze trends about home networking and utility use, to show third parties how their products could work with EDUPLAY Products and to generally improve home networking. We’ve taken steps to ensure that this information cannot be linked back to you and we require third parties to keep all shared information in its anonymized form.
Any third parties with whom we share your Personal Information are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose. We will take all reasonable steps to make sure these third parties comply with the same privacy principles that govern our collection of your personal information.
When making purchases on the EDUPLAY Website store(s), EDUPLAY uses a payment processor to verify your payment card information. Your payment card information is passed through to the payment processor and is not collected or stored by EDUPLAY. The payment processor is authorized to use this information only to authenticate your purchase and for no other purpose.
You have the right to ask us not to process your Personal Information for marketing purposes. We will inform you (before collecting your Personal Information) if we intend to use your Personal Information for marketing purposes, or if we intend to disclose your Personal Information to any third party for marketing purposes.
We will always give you choices about your Personal Information. Some choices are presented up front in the form of Opt-in notices or acceptance boxes for marketing to you or sharing your Personal Information with third parties. In certain cases, where permitted by law, we also may give you the choice to Opt-out. “Opt-out” means you have already chosen to Opt-in, but you later change your mind. One form of Opt-out is clicking the Unsubscribe link in a marketing email. This will take you off our marketing email list. EDUPLAY’s general policy is to have users Opt-in, rather than Opt-out, to receive marketing information and to allow the sharing of information with third parties. Please note that these Opt-in/Opt-out choices do not apply to the receipt of mandatory website, customer service or receipt of order or shipping confirmations on EDUPLAY Website store(s), which you may receive periodically unless you cancel your service or order.
Accessing and Updating Your Personal Information
We need your help in keeping your Personal Information accurate and up to date, so please notify us of any changes to your Personal Information. You can access and update your Personal Information and communication preferences at any time in the following ways:
By sending an email to: firstname.lastname@example.org
Please be sure to include your name, email address and specific relevant information about the information you would like to change or the material that you no longer wish to receive.
For many EDUPLAY Websites and EDUPLAY Products, by signing in to your online account located at the URL provided when you signed up for the EDUPLAY website.
We will honor your reasonable request to:
Correct your data if it is inaccurate.
Transfer your Personal Information to a third party.
Delete your Personal Information unless we are required to retain it by law.
Provide you with a copy of Personal Information held on our current records at no charge, or for a reasonable charge if records must be accessed from backed up or archived records.
We note again that, if you choose to no longer receive marketing information from us, we may still communicate with you about other matters, such as product and service updates for EDUPLAY Products you have purchased and customer support matters.
Retention of Personal Information
Deletion of Personal Information
You may request to have your Personal Information deleted from our records. You may request the deletion of your records by emailing us at: email@example.com
Cookies, Web Beacons and Other Web Tools
We use automatic data collection tools like cookies, embedded web links and widgets (collectively, “web tools”). These web tools collect certain information that your browser or your mobile device sends to EDUPLAY Websites and EDUPLAY Products, such as computer IP address, browser type and service provider. In addition, EDUPLAY may use small pieces of code called web beacons. Web beacons allow a website to transfer or collect information through a graphic image request. This allows EDUPLAY to collect information such as the address of the page you are visiting, the address of the referring page you previously visited, what browser or mobile device you are using, and your display settings. EDUPLAY and its advertising partners use web beacons, for example, to find out if advertising on EDUPLAY websites and other websites that contain EDUPLAY ads is effective, or if certain videos on EDUPLAY websites are being viewed.
EDUPLAY may use web tools for the following purposes:
To identify the user’s country and language and distinguish you from other users of EDUPLAY websites.
To save your registration information for future use on EDUPLAY websites and services.
To allow customer surveys to appear or not appear to customers.
To optimize your browsing experience by preloading certain features of EDUPLAY websites and services on future visits to make loading times faster and more efficient.
To understand how you use and interact with EDUPLAY websites and services.
To customize and provide you with a more personal experience when visiting EDUPLAY websites or our advertising partners’ websites or when using EDUPLAY Products.
To improve EDUPLAY Websites and services.
To count visitors to EDUPLAY Websites and EDUPLAY Products and analyze website traffic, such as how many visitors have come to the EDUPLAY websites from advertisements on advertising partner websites.
You have the following choices regarding EDUPLAY’s use of web tools:
You may refuse to accept cookies by activating the appropriate setting on your browser or mobile device. However, some features of EDUPLAY Websites and EDUPLAY Products may not work as intended if you disable cookies, and areas that require registration or authentication and EDUPLAY Website store transactions will not be accessible.
Third parties may collect information about your online activities over time and across different websites when you use EDUPLAY Websites. To avoid tracking by these third parties, you can exercise the choices above to reject cookies, although EDUPLAY has no control over and cannot confirm whether these third parties honor the do not track browser choices you have made.
We strive to maintain reasonable administrative, technical and physical safeguards designed to protect the information collected by EDUPLAY Websites and EDUPLAY Products. Unfortunately, the transmission of information via the Internet is not 100% secure. Although we will do our best to protect your Personal Information, we cannot guarantee its security; any transmission is at your own risk.
It is important to note that if you use a computer or device that can be accessed by others, other people may be able to access unencrypted Personal Information. If you do not want your information to be available to others, exercise caution when using public computers or devices or when using any computer or device to which users unauthorized by you may have access.
We recommend that you take every precaution in protecting your Personal Information when you are on the Internet. For example, change your passwords often, use a combination of letters and numbers when creating passwords, and make sure you use a secure browser. You should also be aware that names that you give your Wi-Fi-enabled devices, home networks and services (also known as “friendly names”) may be detectable by others outside your home, so you should not use Personal Information as part of your friendly names.
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