Terms of Use

 

Last updated on: June 2021

 

Thank you for visiting the AUREUS website and/or mobile application (the “Platform”).

 

Please read these Terms of Use carefully before using the Platform. The following Terms of Use governs your use and access to the Platform.

 

1. INTRODUCTION

 

1.1          As a precondition for using the Platform, you agree to these Terms of Use. If you are below the age of 18 or otherwise do not have the authority to enter into an agreement such as these Terms of Use, you represent that your legal guardian, or a holder of parental responsibility, has reviewed and agreed to the Terms of Use and Privacy Policy 

 

1.2        By accessing and clicking on the “I Agree” checkbox on our Platform, you agree that you have read and understood the Terms of Use and Privacy Policy which apply to you or in your capacity as a parent or legal guardian. You agree to accept full responsibility for your use and access or your child’s use and access to the Platform.

 

1.3          By using the Platform operated by or for and on behalf of Aureus Group Pte Ltd and its subsidiaries, affiliates, and parent companies (collectively “Aureus”, “we”, “our”, or “us”), as well as their successors and assign, you agree to be bound by the Terms of Use.

 

1.4            If you do not agree to the Terms of Use, please do not use, or continue using our Platform.

 

1.5            Aureus may amend the Terms of Use at any time at its sole discretion. The amendments will take effect once they are posted on our Terms of Use web page or the Aureus mobile application. You are responsible for reviewing the Terms of Use and Aureus Policies regularly. Any continued use of the Platform after such amendments, whether reviewed by you, shall constitute your agreement to be bound by such amendments.

 

2. ACCOUNT DETAILS

 

2.1             If any portion of the Platform requires you to register or open an account, you must provide us with accurate, complete, and updated registration information. You may also be asked to choose a login name and a password. Please select a password that would not be obvious to someone trying to guess your password.

 

2.2        The login name and password, or any other piece of information as part of our security procedures, must be treated as confidential. You must not disclose it to any third party and shall not permit or authorise any person to use your login name or password for any purpose whatsoever.

 

2.3        Aureus may treat any access to or use of the Platform at any time by the use of your login name and password as the access to or use of the Platform by you, notwithstanding that it may have been used by any other person without your knowledge or authority.

 

2.4            Aureus has the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.

 

2.5           Upon learning that any person has acquired knowledge of your password,  or has used your password to access or use the Platform or effect any transaction (whether with or without your knowledge and consent), you shall do the following:

 

(a)            immediately notify Aureus thereof at contact@aureusacademy.com;

 

(b)            at the request of Aureus, make a police report thereof;

 

(c)            provide Aureus with any information relating thereto as Aureus may require from time to time; and

 

(d)            immediately change the password.

 

2.6      Aureus takes certain precautions to secure the Platform or portions thereof. You agree that such precautions do not guarantee that use of the Platforms is invulnerable to all security breaches, nor does Aureus make any warranty, guarantee, or representation that the use of the Platform is protected from all viruses, worms, Trojan horses, and other vulnerabilities.

 

2.7           During your use of the Platform, Aureus may issue to and request from your computer blocks of data knows as “cookies” to enable more convenient browsing when you revisit the Platform. A cookie is a type of data that is sent from the Platform to identify your computer as you use a computer network. It will be stored on your computer and does not have any adverse effect on your computer. You must not alter any cookies sent to your computer from the Platform and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Platform.

 

 

3. PERSONAL DATA PROTECTION

 

3.1             When you access our Platform, we may collect anonymous web statistics collected as you use the Platform and the personal data you provide to us.

 

3.2             Some portions of the Platform may require you to provide your personal data. Personal data refers to all information relating to you. It  includes and is not limited to your name, contact, number, email address, and mailing address, which is obtained by us through your access and use of the Platform.

 

3.3             Aureus may use your personal information to maintain and enhance your safety and security, prevent or detect fraud, rendering assistance to law enforcement, government or regulatory agencies, or complying with any applicable laws or orders of court. For more information on the collection and use of your personal data, please see our Privacy Policy.

 

3.4             Any information disclosed in the public areas of the Platform becomes public information. Please exercise caution when disclosing your personal information in this way.

 

 

4. INTELLECTUAL PROPERTY RIGHTS

 

4.1           The Platform is owned and operated by Aureus.

 

4.2           The materials located on our Platform, including but not limited to, information, software programmes made available on or through our Platform, communications, images, sounds contained on or available through the Platform, sound recordings, and lyrics (the “Contents”), are protected by intellectual property rights and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by Aureus, its content providers and/or third party licensors.

 

4.3           The Contents of the Platform must not be reproduced, performed, adapted, modified, transferred, distributed, republished, translated, or post or transmitted in any form without the prior written consent of Aureus. Your access and use of the Platform shall not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, trade names, logos or service marks appearing on the Platform without Aureus’s prior consent.

 

4.4           You must not use any part of the Contents on the Platform for commercial purposes without obtaining consent from Aureus. 

 

4.5            You shall not modify, translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the computer systems and other technology that operate the Platform or create derivative works based on the Platform. For the purposes of these Terms of Use, any reverse engineering shall include the examination, analysis of the Platform to determine the source code, structure, organisation, internal design, algorithms or encryption of the Platform’s underlying technology.

 

4.6            If you do any of the above to the Contents of our Platform in breach of these Terms of Use, Aureus has the right to immediately terminate or suspend your use of the Platform, and you must, at our option, return or destroy any copies of the material you have made.

 

 

5. UPLOADING OF CONTENT TO THE PLATFORM

 

5.1           You understand that you are responsible for any content that you post or transmit on or through the Platform.

 

5.2          You warrant that any such contribution does comply with our Terms of Use, and you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

5.3           You agree to not cause, nor knowingly allow others to cause, any nuisance, annoyance, or inconvenience, whether to Aureus or any of its customers or users of the Platform by any means.

 

5.4       You agree to use the Platform in a manner consistent with all applicable laws and regulations. Specifically, you will not use the Platform to post, transmit, distribute, link to, or solicit content that:

 

(a)            contains any advertising and promotional message;

 

(b)            violates or infringes any laws, regulatory requirements, or codes applicable in Singapore;

 

(c)          infringes or violates any copyright, trademark, or any other intellectual property, personal or proprietary rights of any person, or violates any obligation of confidence or any other proprietary right;

 

(d)            contains any obscene, offensive, defamatory, or otherwise actionable material;

 

(e)           undermines the security or integrity of the Platform, including without limitation by importing any viruses, Trojan horses, time bombs or other disabling devices intended to detrimentally interfere, damages, surreptitiously intercept or expropriate such equipment, systems, or networks;

 

(f)          contains any errors, whether technical or otherwise; or

 

(g)         contain any material in any form that would otherwise render Aureus liable or expose Aureus to any proceedings whatsoever.

 

5.5          You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the Platform or any portion of the content contained therein without Aureus’s express written permission.

 

5.6         You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Platform, or to impose an unreasonable or disproportionately large load on the servers serving the Platform.

 

5.7.       You agree to grant Aureus a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, broadcast, publicly display and publicly perform any materials and other information you submit to the Platform by all means and, in any media, now known or hereafter developed. You also grant to Aureus the right (though you acknowledge and agree that Aureus shall not be so obliged) to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Aureus for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.

 

5.8          Except for any personal data which we have agreed to keep confidential, any other data including but without limitation to feedback, data, questions, comments, suggestions or the like that you send to us through the Platform, will be treated as being non-confidential and non-proprietary. We assume no obligation to protect such information from disclosure and will be free to reproduce, use, and distribute the information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in information that you send to us for any purpose whatsoever including but not limited to developing, manufacturing, marketing products and services incorporating such information.

 

5.9        Aureus also has the right to disclose your identity to any third party who is claiming any content you posted or uploaded to our Platform constitutes a violation of their intellectual property rights or of their right to privacy, in accordance with our Privacy Policy.

 

5.10      Aureus shall have the right, but not the obligation, in its sole discretion to monitor, refuse or remove any content that is available via the Platform. Without limiting the foregoing, Aureus shall additionally have the right to remove any content that violates these Terms of Use or is otherwise objectionable.

 

 

6. HYPERLINKS TO THIRD PARTY WEBSITES

 

6.1            The Platform may contain information or hyperlinks to other websites, which are neither maintained nor controlled by Aureus, or may contain content posted on or through the Platform by third parties. Aureus shall not be responsible for any errors or omissions in any content on the Platform, or the content, information, products or services of any hyperlinked website or any hyperlinked website or any hyperlink contained in a hyperlink website, the security and privacy practices employed by these other websites, and shall not be liable for any loss or damages of any kind incurred as a result of the use of any content or reliance on such information posted or contained in any emails or otherwise transmitted or displayed through the Platform, or arising from access to those websites.

 

6.2           The use of the Platform and any hyperlinks and access to such hyperlinked websites shall be entirely at your own risk. You acknowledge that Aureus does not endorse, has no control over, and excludes all liability for any material on the Internet that can be accessed by using the Platform. 

 

7. RULES ON LINKING TO OUR PLATFORM

 

7.1           You agree that caching, hyperlinking to, and framing of the Platform or any of the contents are strictly prohibited.

 

7.2        Aureus reserves all rights to disable any links to, or frames of any site containing inappropriate, profanatory, defamatory, infringing, obscene, indecent, or unlawful topics, material, information, including material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

 

 

8. DISCLAIMER OF WARRANTIES

 

8.1        You expressly understand and agree that you assume total responsibility and risk for your use of the Platform and the Internet. Aureus does not make any express or implied warranties, representations, endorsements whatsoever, including but not limited to warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose in relation to the Platform, any merchandise, information, or services provided through the Platform or on the Internet in general. Aureus shall not be liable for any damage or loss of any kind, howsoever caused as a result (indirect or direct) of the use of the Platform or any transaction, including but not limited to any damage or loss suffered as a result of reliance on the Contents contained or available on the Platform.

 

8.2             Any features or specifications of merchandise advertised, provided, or made available on the Platform are subject to change without further notice. Any measurements, including weight, colour, and sizes or merchandises are only estimated measurements.

 

8.3         Aureus makes no guarantee, endorsement, representation or warranty, term, or condition of any kind, whether express or implied that the merchandise as advertised, provided and/or made available on the Platform are of good title, correspond with the description, merchantability or are of satisfactory fitness or quality for any general or particular purpose.

 

8.4            The Contents on the Platform are provided on an “AS IS” basis without warranties of any kind. Aureus does not warrant and hereby disclaim any warranty: –

 

(a)             that the Platforms will meet your requirements or will always be accessible;

 

(b)             as to the accuracy, correctness, reliability, non-infringement, title, merchantability, or fitness for any particular purpose of the Contents of the Platform; and

 

(c)           that the Platform or any functions associated therewith will be uninterrupted, secure, timely or error-free, that errors or defects will be corrected, or that the Platform and the server will be free of all bugs, viruses, or invasive or damaging code.

 

8.5             The Contents of the Platform does not constitute financial, legal, or other professional advice. If financial, legal or other professional advice is required, the services of a competent professional should be sought. 

 

8.6             Any Content downloaded, uploaded or otherwise obtained through the use of the Platform is done at your own discretion and risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, and other information provided through the Platform or on the Internet generally.

 

8.7             You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

 

 

9. LIMITATION OF LIABILITY

 

9.1             Aureus does not assume any legal liability or responsibility for the accuracy, completeness or usefulness of any information, product or process disclosed on the Platform or other contents accessible from the Platform. In no event shall Aureus be liable for any incidental, consequential, direct, indirect, or any losses or damages whatsoever, including but not limited to, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, or loss of anticipated savings, or business interruptions, or any other loss, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of or inability to use the Platform, delays, inaccuracies or errors in the information or in the transmission of the Platform, or any information or transactions provided on or over the Platform or downloaded or hyperlinked from the Platform, or performance of the Contents of this Platform, even if Aureus has been advised of the possibility of such damages.

 

9.2             At any time, if you are dissatisfied with any portion of the Platform, or with any of the Terms of Use, your sole and exclusive remedy is to discontinue using the Platform.

 

 

10. INDEMNITY

 

You hereby agree to indemnify and hold Aureus harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect, or consequential), and damages (whether in tort, contract, or otherwise) whatsoever and howsoever arising, including claims made by third parties and claims for defamation, infringement of intellectual property rights, wrongful use of computers, unauthorised or illegal access to computers, or pecuniary losses which Aureus may sustain, incur, suffer or pay arising out of, or in connection with, your access to and use of the Platform, whether or not such access and use were authorised or whether such access or use was due to any act or omission on your part.

 

 

11. GOVERNING LAW

 

The Terms of Use and Aureus Policies shall be governed and construed in accordance with the laws of Singapore and any dispute arising out of or in connection with it shall be subject to the exclusive jurisdiction of the Courts of the Republic of Singapore.

 

 

12. NO WAIVER

 

Aureus’s failure or delay to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

 

 

13. INVALID TERMS

 

If any one or more of the provisions is or becomes illegal, invalid, or unenforceable in any respect, neither the legality, validity or unenforceability of the remaining provisions hereof shall in any way be affected or impaired thereby.