Terms & Conditions of Use
1. The content of the pages of this website including the Terms and Conditions is subject to change without notice. All changes will be posted on this page, and your use of this site after such changes that have been posted will constitute your agreement to the modified Terms and Conditions.
2. In addition, particular services added or offered through this website may be subject to additional terms or guidelines, which shall be deemed incorporated in these Terms and Conditions by reference.
3. Your use of this website and any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith is subject to the laws of Singapore.
4. The information contained in this website is for general information purposes only and does not represent legal or other professional advice. Whilst we endeavour to keep the information up-to- date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability of the information contained on this website for any purpose whatsoever. Any reliance you place on such information is therefore strictly at your own risk. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and to obtain legal and/or professional advice as necessary.
5. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Copyright in the contents and materials of this website as a whole is owned by Educational Technologies Limited, though the copyright in some contents and materials incorporated within this website may be owned by third parties where so indicated. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Any unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
6. From time to time this website may also include links to other websites. These links are provided for your convenience but they do not signify that we endorse the said websites. We have no control over the nature, content and availability of those sites. We shall not be liable for any damages or loss arising from your access to those websites. In no circumstances shall the owners and administrators of this site be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this site is linked.
7. Members+ should post responsibly. The owners and administrators of this site shall not tolerate defamatory or libellous material, obscene content and abusive or intimidating comments. Unless otherwise stated, members+ may use content from the site as long as such content is attributed to the author of the post. Content (including, but not limited to, information, images, files, sounds and video clips contained on or available through this site) is provided by the owners and administrators of this site and its registered members+.
8. A Member+ owns all original content and information posted by the said Member+ on this website and can control how it is shared through the said Member’s+ privacy and application settings. In addition, for content that is covered by intellectual property rights, like photos and videos (IP content), the said Member+ specifically gives Educational Technologies Limited the following permission, subject to the Member’s+ privacy and application settings:
8.1 You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with this website (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
8.2 You will not assume a false identity or the identity of another user when using this website, and you will not this website for unlawful or illegal activities, including but not limited to spamming, harassing or otherwise causing distress to other users.
8.3 When you delete the IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
8.4 When you add an application and use our website, your content and information is shared with the application. We require applications to respect your privacy settings, but your agreement with that application will control how the application can use the content and information you share.
8.5 When you publish content or information, it means that everyone will have access to that information and we may not have control over what they do with it.
8.6 We always appreciate your feedback or other suggestions about our website, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
9. You may link www.ETLlearning.com . Please contact the site administrators for more information. Under no circumstances shall the owners and administrators of this site be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to www.ETLlearning.com or any of the contents.
10. Educational Technologies Limited reserves all rights to deny or restrict access to this site to any particular person, or to block access from a particular Internet address to this site, at any time, without ascribing any reasons whatsoever.
11. Educational Technologies Limited is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Educational Technologies Limited. Educational Technologies Limited shall have the right (but not the obligation) at our sole discretion to pre-screen, refuse, move or remove any content that is available via the website. Without limiting the foregoing, Educational Technologies Limited shall have the right to remove any content (whether or not provided by you) that we believe in good faith violates the terms and conditions for the use of ETL Learning’s website or that has been alleged to infringe any intellectual property rights or that contains marketing or promotional material which is intended to solicit business or that is otherwise objectionable in our sole opinion, without being liable to you in any way for any loss or damage arising from such removal.
12. You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law including any law relating to intellectual property rights, or to post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of Educational Technologies Limited and/or a third party’s computer system and/or network, and you hereby agree to fully indemnify Educational Technologies Limited against any loss, liability, damage or expense of whatever nature which Educational Technologies Limited or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post or upload any such message or material.
13. Every effort is made to keep the website up and running smoothly. However, Educational Technologies Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
14. On registration, you must provide Educational Technologies Limited with complete and accurate information. Educational Technologies Limited is entitled to rely on any registration information you provide unless and until such information is updated by you via this website.
15. You agree that any personally identifiable information which you provide to us through this website may be collected by Educational Technologies Limited and used for various purposes, including without limitation:
15.1 To provide goods and services by Educational Technologies Limited or its designated representatives, related organisations or business partners to you or parties designated by you and matters ancillary thereto;
15.2 To verify and process payment when you purchase goods and services through this website;
15.3 To verify and record your personal particulars and to use the information to communicate with you;
15.4 To send you information, promotions and updates including marketing and advertising materials in relation to goods and services of Educational Technologies Limited, its affiliates and related organisations;
15.5 To conduct statistical and other analysis of users of our website; and
15.6 To comply with any order of court or directive from authorities investigating any alleged offence, misdeeds and/or abuse or for the purpose of taking any legal action against any users for breach of these Terms and Conditions.
16. For payments made through this website, you agree to follow and accept all instructions and information in this website when performing a transaction, to provide information which is true, current, complete and accurate when performing a transaction, not to perform any speculative, false or fraudulent transaction, and to pay any and all fees in respect of your transaction. Educational Technologies Limited reserves the right to cancel or reject your transaction without refund or paying any compensation to you if any transaction details or communication you have provided are not current or are incomplete, inaccurate, or false.
17. Educational Technologies Limited and/or its affiliates or related organisations or content providers shall not be liable for any direct, indirect or consequential loss or damage of any kind occasioned from the reliance upon the contents contained in or available from this website, the performing of any transaction or communication on this website, and/or the use or inability to use this website, resulting from inaccuracies, neglect, defects, errors, omissions, out-dated information or otherwise.
18. The opinions expressed by individuals providing comments are theirs alone and may not necessarily reflect the opinions of the owners and administrators of this site. Educational Technologies Limited therefore shall not be responsible for the accuracy of any of the information supplied by the users of the site in relation to any comments that are posted. You should bear in mind that circumstances change and that information that may have been accurate at the time of posting may not necessarily remain so. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Educational Technologies Limited with respect thereto.
19. You agree not to circumvent, disable or otherwise interfere with security-related features of this website or features that prevent or restrict use or copying of any content or enforce limitations on use of this website or the content therein.
20. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your intellectual property right has been infringed, please notify us at email@example.com. Upon receipt of a complaint of infringement, we will expeditiously take reasonable steps to remove or disable access to the allegedly infringing electronic copy and expeditiously take reasonable steps to notify the person who had made that electronic copy available (Content Owner). We may also, in appropriate circumstances and at our sole discretion, disable and/or terminate without notice the accounts of users who may be infringing the intellectual property rights (including but not limited to copyrights and trademarks) of others. In particular, we will terminate the accounts of users whom we have determined (in our sole discretion) to be repeat infringers.
Purchases of Products shall be subject to the following terms and conditions (“Sales Terms”).
1. Product Information and Pricing
1.1 While we endeavour to provide accurate information on the Products (including pricing information and product descriptions), we do not warrant that such information is accurate, current, complete, reliable, updated or free from error. Without limiting the generality of the foregoing, you acknowledge and agree that Product pictures on the Site are provided to help you recognise the Products, but due to packaging or product redesign and improvements, these may not reflect exactly the Product you will receive. We reserve the right to amend the prices and other details of the Products on the Site at any time without giving any reason or prior notice.
1.2 The currency of prices quoted on the Site may differ depending on the sales location. Unless otherwise indicated, prices are in U.S. dollars.
1.3 The total price of your Accepted Order will include the price of the Product, you shall be responsible for all other sales tax and charges that may be applicable.
1.4 Prices charged for purchases on the Site may be different from those charged in our physical stores. Prices of Products may change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. We do not provide price protection or refunds in the event of a price reduction or promotional offering.
1.5 The price to be paid by you for a Product shall be based on our prevailing selling price at the time we receive your Order, which may or may not be correctly reflected on the Site. If the actual price of any Product ordered by you is higher than that reflected on the Site at the time you placed your Order, we will inform you and you will be given an option to confirm or cancel your purchase of such Product based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such Product in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.
2. Placing Orders
2.1 To place an Order with us you must be over eighteen (18) years of age. If you are under eighteen (18), you may place an Order with us only with involvement of a parent or guardian.
2.2 You agree to comply fully with all directions, instructions and/or any other terms issued by us from time to time in relation to your purchase of Products through the Site.
2.3 You may place an Order by following the instructions on the Site. You shall be responsible for ensuring the accuracy of your Order. All Orders placed by you through the Service shall be deemed to be an offer made by you to purchase the selected Product(s) and quantities set out in your Order for the price notified (including delivery and other charges and taxes) at the time you place the Order.
2.4 Some Products on the Service are age-restricted and are intended/recommended for and/or should only be purchased by persons who are above the specified age. If your order includes any age-restricted product, you warrant that you are not under the specified age and that you are legally entitled to purchase such product. You shall ensure that no other person uses your account to purchase age-restricted items.
2.5 When you place an Order, actual payment will be only charged to you upon an Accepted Order.
3. Order Handling and Acceptance
3.1 All Orders are subject to our acceptance. We reserve the right, without prior notice, to:
(a) accept or reject your Order for any reason, including if the requested product is not available, if there is an error in the price, Product description or Order; and/or
(b) limit and/or cancel the order quantity on any Product,
at our absolute discretion, without any liability to you.
3.2 Receipt of, or the processing of payment for, an Order shall not in itself constitute acceptance of the Order by us. Where an Order for any Product(s) is rejected or cancelled by us, any payment made for such Order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time, as notified on the Site. If we reject your Order, we will endeavour to notify you either at the time you submit the Order or within a reasonable time thereafter.
3.3 Each Order accepted by us (i.e. “Accepted Order”) shall constitute a separate binding agreement between you and us for the supply of the Products in respect of which such Order was placed, and to which these Sales Terms. You acknowledge that unless you receive a notice from us accepting your Order, we shall not be party to any legally binding agreements or promises made between you and us for the sale or other dealings with the Product(s) and accordingly we shall not be liable for any loss, liability or damage which may be incurred as a result.
3.4 Subject to Section 3.5 of these Sales Terms, you acknowledge and agree that we may at any time:
(a) at our sole and absolute discretion and without giving any reason or prior notice, require that you identify yourself by alternative means, or require any Order to be confirmed through alternative means (including in writing given in person or by fax); and/or
(b) decline to process the Order at any time without giving any reason or prior notice, including to, (without incurring any responsibility for loss, liability or expense arising out of so declining to process) refrain from processing promptly upon any Order in order to verify the authenticity thereof or decline to process the Order where they are ambiguous or incomplete.
3.5 We are under no obligation to investigate the authenticity or authority of persons making the Order or to verify the accuracy and completeness of the Order. Accordingly, we may treat the Order as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Order.
4.1 You must pay for your Accepted Order(s) only via payment methods which are accepted by us and/or our payment processor from time to time (which are subject to change without notice to you) including MasterCard and Visa credit cards and Pay Pal. We cannot accept payment by cash, cheque, postal order or proforma invoices.
4.2 You are responsible for the timely payment of all fees, which will be billed to you based on the billing details and preferred payment option you have on record with us and/or our payment processor. If you wish to designate a different credit card or if there is a change in your credit card, you must change the billing information on your account through the Service. Your access to the Service may be temporarily suspended or disrupted while we verify your new billing information.
4.3 All credit card payments are subject to validation checks and authorisation by the card issuer. If the issuer of your credit card refuses to authorise payment, we will not be liable for any delay in delivery or non-delivery.
4.4 All credit card transactions on this Site are processed using a third party payment gateway. You will be responsible for complying with any terms and conditions and charges imposed by such third party service providers in connection with services they provide to facilitate your online payments. We shall not be responsible for any damage, injury or loss sustained by you or any other party caused by or in connection with your use of these third party payment processing services through our Site (including any errant or invalid transactions, or unprocessed transactions due to a network communication error, or any other reason). You agree that we are not responsible for missed payments, fraud, unavailability or hacking of our third party payment processors, or any other issues related to payments.
5. Cancellation of Orders
5.1 We will cancel your Order if we are unable to accept your Order within fourteen (14) days from the date on which you placed the Order, with the exception of Products that have not yet been released for sale and for which we are accepting pre-orders.
5.2 You cannot cancel an Order (or part of an Order) once payment has been made. All Orders will be deemed to be irrevocable and unconditional upon transmission through the Site and we shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances (such as stated in Section 9 of the Sales Terms), you may request to cancel or amend the Order which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Order.
6. Product Warranties
6.1 Products on the Site are sold by us to you on an “as is” basis, and we make no warranties in respect of any Product. If the Supplier has issued or provided a warranty in respect of a Product (“Product Warranty”), then such Product shall be sold to you only with such Product Warranty, and you shall look solely to the Supplier for any claims related to such Product Warranty.
6.2 The terms of a Product Warranty shall be as set out in the applicable terms and conditions specified by the Supplier in relation thereto, and shall be limited to the warranty period stipulated therein. Please refer to the relevant Product descriptions for details of the Product Warranty for a specific Product.
6.3 The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise.
6.4 Except as expressly provided in such Product Warranty, we and our Suppliers exclude (unless expressly prohibited by applicable mandatory law) all other express or implied terms, warranties or conditions with respect to the Products supplied. You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of us which has not been stated expressly in an Accepted Order or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by us. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Sales Terms allocate risks between the parties and permit us to provide the Products at lower fees or prices than we otherwise could and you agree that such exclusions on liability are reasonable.
7. Physical Products
If you have ordered a Physical Product, the following terms shall apply:
7.1 You may choose to have the Product delivered to a specified address. We presently deliver Physical Products only to certain geographic locations. For the full list of countries/geographic locations that we currently deliver to, please refer to www.ETLlearning.com/delivery/
7.2 If you choose to have the product delivered:
(a) Delivery will be made to the address you specify in your Order.
(b) You acknowledge that delivery of Products is subject to availability of the Products from our usual source of supply. We will make every reasonable effort to deliver the Product to you within the delivery timeframe displayed in the Accepted Order, but you acknowledge and agree that such delivery timeframes given are estimates only and that we shall not be liable for any loss or damage directly or indirectly arising from any delay or failure to deliver within the estimated delivery time frame.
(c) You acknowledge that while the availability information on our Site is updated regularly, it is possible that in some instances a Product may become unavailable between updates, and that we may have to delay delivery of such Product to you or, in the exercise of our sole discretion, to cancel the purchase of such Product from your Accepted Order (and refund you the price, based on our prevailing refund policy at the time), without liability to you.
(d) Products are delivered by our third-party logistics providers and shall be subject to their prevailing rates unless we indicate otherwise. For more information on delivery and delivery rates, please refer to www.ETLlearning.com/delivery/
(e) in the event you do not receive the Product by the projected delivery date and provided that you inform us within seven (7) days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the Product. If we do not hear from you within seven (7) days from such projected delivery date, you shall be deemed to have received the Product.
(f) All risk in the Product shall pass to you upon delivery or deemed delivery, except that, where delivery is delayed due to a breach of your obligations under the Agreement (including under Section 7.2 (h) below), risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss of, damage to or destruction of the Product.
(g) If you are not available to take delivery or collection, we or our carrier may leave a notice giving you instructions on either re-delivery or collection from the carrier.
(h) If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two (2) weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, we may (without affecting any other right or remedy available to us) do either or both of the following:
(i) charge you for any fee and other costs reasonably incurred by us resulting therefrom; or
(ii) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Accepted Order, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the Accepted Order, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any applicable storage fees).
8. Digital Products
Any Product supplied which is or includes a Digital Product is subject to the following additional terms and conditions:
8.1 Any reference to the purchase of a Digital Product under the Agreement or on the Site, means a purchase of a license from the relevant Supplier thereof to access and use the Digital Product subject to applicable Supplier terms, and does not mean a purchase or sale of the proprietary materials or content of which the Digital Product is comprised, or any proprietary rights therein.
8.2 You are authorized to use a Digital Product only for personal, non-commercial use.
8.3 Digital Products may be subject to digital rights management, which limits the number of devices on which you can use the Digital Product at any time and restricts your ability to copy, paste and print the contents thereof.
8.4 You may be able to store Digital Products on your personal computer, ebook reader, tablet, smartphone, other media device that belongs to you, subject to the terms of Supplier. You agree that copying your Digital Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and strictly prohibited.
8.6 Digital Products may not be copied, adapted, translated, made available, distributed, varied, modified, disassembled, decompiled, reverse engineered or combined with any other software, save to the extent that this is permitted by the Supplier, or applicable law expressly allows such a right which cannot legally be excluded by contract.
8.7 Except to the extent expressly provided by us in writing, Digital Products are provided ‘as is’ without any warranties, terms or conditions as to quality, fitness for purpose, performance or correspondence with description and we do not offer any warranties or guarantees in relation to Digital Product installation, configuration or error/defect correction.
8.8 Use of the Digital Products may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may also require obtaining updates or upgrades from time to time. Because use of the Digital Products involves hardware, software, and Internet access, your ability to use the Digital Products may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
9. Return and Exchange of Products
9.1 Once a Product has been sold, it cannot be returned or exchanged unless you receive:
(a) a product that is entirely different from the Product specified in your Accepted Order; or
(b) a damaged Product.
9.2 Any exchange can only be conducted on a one-to-one basis for the same Product as specified in the Accepted Order, subject to our approval and provided you notify us at firstname.lastname@example.org of your request for return or exchange within three (3) working days upon receipt of the product, and such request is accompanied by supporting evidence and relevant pictures in jpeg format not exceeding 1MB.
9.3 Physical Products to be exchanged must be in their original packaging, in re-saleable condition and accompanied by a copy of the Accepted Order.
9.4 We are not obliged to agree to any such return or exchange unless all foregoing conditions in this Section 9 of these Sales Terms are met to our satisfaction. Should we agree to an exchange, we will:
(a) in the case of Physical Products, courier the replacement Product to your specified address or you may choose to collect it from one of our stores (subject to stock availability);
(b) in the case of Digital Products, provide an URL for you to download the Digital Product.
9.5 In the event the Product you have ordered is out of stock or irreplaceable, we will notify you and exchange it for another item of the same value or offer you a refund of the same value.
+Registered guest(s) of ETL Learning’s website.