Welcome to www.mathgym.sg. The websites (the "Sites") is comprised of various web pages operated by Singapore MathGym Pte Ltd. having its Registered Office at 101 Cecil Street, #09-10 Tong Eng Building, Singapore - 069533. The websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the websites constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Our websites are intended to enhance the Higher Order Thinking Skills of Students and Children with our specially and specifically created Cognitive Learning Programs, to help children with exercise and enhance their cognitive skills and to bring about learning through Videos, Images, play way method etc for children of ages 7 to 14 to improve their thinking abilities.
End-User shall mean the person (parent and a child less than 18 years or users above 18 years) who accesses, uses, and/or engages with products including the upgrades from Singapore MathGym in any manner. If you are under 18, you may use the websites only with permission of a parent or guardian. A responsible adult may be present with all students who are 18 years old during the use of the sites.
These Terms of Services will govern the use of all products and services from Singapore MathGym (puzzles, assessments, API’s, notifications, contests etc.) offered through www.mathgym or any other website/apps provided by Singapore MathGym accessible through laptops, computers, mobile devices or any other sites/apps that include a link or copy of these terms of service. The Terms of Service will apply to all upgrades of products from Singapore MathGym, and we may revise the Terms of Use at any time with our without notice as appropriate. These terms supersede and replace any and all prior oral or written understanding or agreements between Singapore MathGym and you regarding the services and content.
Your use of the website is subject to Singapore MathGym 's Privacy Policy. Please review our Privacy Policy, which also governs the site and informs users of our data collection practices.
Every individual user gets access to one user license to access products from Singapore MathGym, which is limited, non-exclusive, non-sublicensable, non-transferable and revocable. You can use products from Singapore MathGym for personal, non-commercial use only, and will be governed by the Terms of Service. This license is available to you as long as your account is not terminated by you or by us.
Any individual, group of individuals or institutions can purchase multiple licenses for their children or students or members. Singapore MathGym retains the right to allow, refuse or withdraw without notice, the authorization given to any user identified as an individual or institution associated with any malpractices such as institutions posing as individual aspirants, breach of terms of service etc. Singapore MathGym reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
All content of Singapore MathGym is intended to be leveraged by the user for his or her or specified end user’s personalized training only. Any other use of our apps, content other than the use specified herein is prohibited by Singapore MathGym, and it shall be liable for the same. You shall indemnify Singapore MathGym of any loss, claims or damages faced by us in this situation. This is not intended for clinical use as no clinical study had been done.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Singapore MathGym is not responsible for third party access to your account that results from theft or misappropriation of your account. Singapore MathGym and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Singapore MathGym reserves the right to edit or remove content that violates these Terms, that contains third-party commercial advertisements, or for any other reason, it deems necessary.
For certain types of Accounts, we may charge a fee, such as an Account or subscription fee.
The subscription fee shall be paid upfront for the Annum or based on the subscription plan chosen. Once the services have been purchased from Singapore MathGym, no cancellation or refunds shall be entertained. Any customisations or additional services availed other than the standard services provided, shall be subject to the payment of additional costs by the user.
For existing subscribers, we may change your fee at any time in our sole discretion at the end of your subscription period, provided that we first notify you by email. All fees are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. We may offer promotional trial subscriptions to access the Services for free or at special discounted prices. If you sign up for a trial subscription, your rights to use the Services are limited by the terms of such trial and will terminate or renew according to the terms of your trial arrangement and/or any applicable Additional Terms. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers. Failure to pay any fees may result in your inability to access or use the Services.
You must either use a credit card or other payment mechanism accepted by us (Pay Mechanism) to activate and maintain a paid Account. You authorize us to charge you through the Pay Mechanism that you use when registering for an Account and/or purchasing an additional subscription. You will also be responsible for charges (including applicable taxes) for any products or services that you order that are offered for sale through the Services. If we do not receive payment from the Pay Mechanism you use, you agree to pay all amounts due hereunder upon our demand and will be solely responsible for any dispute with your payment provider. Should the Pay Mechanism provided initially be declined for insufficient funds or any other reason, we reserve the right to attempt to recharge the Pay Mechanism in full. You will not be charged more than the amount for which you purchased your Account subscription. You will be solely responsible for all overdraft fees and/or penalties that may be assessed by your payment provider. We use a third-party service provider to process payments on our behalf. You acknowledge and agree that in the event the third-party payment processor experiences a data breach that affects your information through no fault of Company, Company will in no way be responsible or liable to you for any such breach.
Payment
Singapore MathGym offers paid services and all payments made will be in accordance with the structure or terms laid out by the plans selected by you. Some of our plans may also enable auto-renewal, and for any queries around payment terms, we require the user to refer to the email address sent with the payment plan details. Payments required may be stated exclusive of all taxes. Charges will be inclusive of applicable taxes as applicable by law. User shall be responsible for and agree to bear Taxes associated with its purchase of, payment for, access to or use of products from Singapore MathGym as appropriate. Your obligations shall survive the termination or expiration of terms.
The billing will be in one payment for the applicable term. This means if the term selected is monthly, the user needs to pay one time for the month if it is quarterly, the user needs to pay once for the quarter and so on. The users shall be able to make payments through the options provided by us not limited to Online Bank Transfer, Wallets, Card payment etc. Terms and conditions of the third-party payment processor will govern the use of the payment gateway or appropriate payment system infrastructure, and users agree to be bound by the terms. We may add as appropriate applicable taxes, surcharges etc if any. We shall not be liable for any unauthorized use, payment refunds, fraud, lost money etc.
We may also provide subscription plans. Subscriptions may include auto-renewals as indicated in the terms. For Subscriptions based on credit card payments, we will automatically charge your credit card for the cost of the plan, including applicable taxes. If the transaction was unable to be processed due to insufficient balances or invalid information, your account will be terminated, suspended or converted into a non-subscription account. You hereby agree to authorize Singapore MathGym to automatically charge the applicable fee including any taxes to the payment amount unless the subscription is cancelled. You may cancel the subscription/renewals at any point in time before the date of renewal as may be indicated in the account profile. Cancellation of a subscription prior to the date of renewal will prevent any fees being applied. We may process refund of renewal payments within specified days after the renewal date, only for yearly subscriptions ( one year or 2 years etc) as per the Refund policy below. Refund of subscription fee for monthly or quarterly renewals is not applicable.
We shall process refunds limited to the amount paid by the user but was not delivered by us due to unforeseen reasons. We may offer money back guarantee options that may vary from time to time and the refunds can be received by contacting us (through email or contact centre) within the specified terms of the money back policy in the specified time. Apart from the above terms, you hereby acknowledge and agree that Singapore MathGym shall not provide any refunds. This includes any possible bank overdraft fees, unused period for which payment has already been made etc. No refunds for monthly, quarterly or half yearly plans or any other promotion plan where the validity of purchase of the product or service is less than 365 days.
All free trials provided by us shall be governed by the terms of use.
The prices are subject to change and we shall notify you regarding changes to the pricing terms of the selected plan. We will provide you an opportunity to review and cancel/change/continue your subscription as appropriate before applying the charges to the account. We may not always notify you of changes in taxes.
Use Of services shall require one or more compatible devices, internet access, one or more softwares and may require upgrading or updates from time to time. Since the services to be provided involves hardware, software and internet access, the ability to access and use the services may be affected by the performance of these factors. The user agrees and accepts that such system requirements is their responsibility.
Visiting the website www.mathgym.sg or sending emails to Singapore MathGym constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the site, satisfy the legal requirement that such communications be in writing.
By recording, submitting, or distributing User-Generated Content on or through the Services, you grant us a limited, nonexclusive, worldwide, fully paid, license to use, store, copy, distribute, display, transmit, and sublicense such User-Generated Content solely for the purposes of delivering the Services to you, in all formats, on or through any medium now known or hereafter developed, and with any technology or devices now known or hereafter devised. If you are an Adult, you consent to the publication of any testimonials you send to us along with your name and other information you submit in connection with such testimonial
The user understands that when using the website, it will be exposed to User Generated Content from a variety of sources, and that Singapore MathGym is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Generated Content. Singapore MathGym does not endorse any User Generated Content or any opinion, recommendation or advice expressed therein, and Singapore MathGym expressly disclaims any and all liability in connection with User Generated Content.
All the materials used on the website are copyright protected and cannot be used for any commercial purpose or used without purchasing the product. Singapore MathGym respects the
intellectual property of others and asks its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Singapore MathGym's copyright agent the following information:
Please contact Company’s copyright agent for notice of claims of copyright infringement at: [email protected]. Copyright owners and agents acknowledge that failure to comply with all of the requirements of the foregoing may result in an invalidity of the notice of Copyright infringement under the relevant provisions of law.
All content present on this is the exclusive property of Singapore MathGym. The software, text, images, graphics, video and audio used on this site belong to Singapore MathGym. No material from this site may be copied, modified, reproduced, republished, uploaded, transmitted, posted , distributed or used to create any derivative work , in any form whatsoever without prior written permission from Singapore MathGym. All rights not expressly granted herein are reserved. Unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws, and could result in criminal and/or civil penalties. Singapore MathGym, is a registered trademark of Singapore MathGym Pte Ltd,. This trademark may not be used in any manner without prior written consent from Singapore MathGym Private Ltd. You agree to comply with reasonable written requests from us to help us in protecting our proprietary and intellectual property . You agree to not use any trademarks, game names, patents, designs,know-how, trade secrets, trade names, service marks, copyrights, or logos of Singapore MathGym, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you.
You warrant to Singapore MathGym that you will not use the site for any purpose that is unlawful or prohibited by these Terms. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party's use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Singapore MathGym or its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the site. Singapore MathGym content is not for resale. Your use of the site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Singapore MathGym and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Singapore MathGym or our licensors except as expressly authorized by these Terms.
The site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Singapore MathGym has no obligation to monitor the Communication Services. However, Singapore MathGym reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Singapore MathGym reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Singapore MathGym reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Singapore MathGym's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Singapore MathGym does not control or endorse the content, messages or information found in any Communication Service and, therefore, Singapore MathGym specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Singapore MathGym spokespersons, and their views do not necessarily reflect those of Singapore MathGym.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Singapore MathGym does not claim ownership of the materials you provide to the websites (including feedback and suggestions) or post, upload, input or submit to any Singapore MathGym Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Singapore MathGym, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Singapore MathGym is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Singapore MathGym 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The websites may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Singapore MathGym BrainLab is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Singapore MathGym is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Singapore MathGym of the site or any association with its operators.
Certain services made available via the websites are delivered by third party sites and organizations. By using any product, service or functionality originating from the websites domain, you hereby acknowledge and consent that Singapore MathGym may share such information and data with any third party with whom Singapore MathGym has a contractual relationship to provide the requested product, service or functionality on behalf of the websites users and customers.
Singapore MathGym is not responsible for any loss or damage of any sort that a User may incur from dealing with any third party. These terms and conditions in the end user agreement are governed in accordance with the laws of India. Any dispute shall be subject to the exclusive jurisdiction of courts in Chennai only.
You agree to indemnify, defend and hold harmless Singapore MathGym, its officers, directors, employees, agents and third parties, for any losses whether Direct or indirect, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the site or services, any user postings made by you, your violation of any terms and conditions mentioned herein or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations or your violation of any law or rights of a third party.. Singapore MathGym reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Singapore MathGym in asserting any available defenses.
In no event will Singapore MathGym, its employees and affiliates be liable with respect to Singapore MathGym for damages of any kind, including without limitation, direct, incidental or consequential damages (including, but not limited to, damages for lost profits, business interruption or loss of programs or information or failure to meet any duty including without limitation good faith and reasonable care) arising out of the use of or access of any products or services from Singapore MathGym or affiliates or any information provided on the website, or in the Products any claim attributable to errors, omissions or other inaccuracies in the Product or interpretations thereof.
Singapore MathGym reserves the right to make modifications ( with or without notice) including discontinue service temporarily or permanently and will not be liable to you or any third party, if we determine that the Singapore MathGym content, your content or your use of services is objectionable or in violation of any terms. The terms of service shall be effective until termination of contract ( either by you or us ). If terminated by us, certain provisions of the Terms of service will still apply. As part of termination Singapore MathGym may include at sole discretion, deletion of account or content with our without notice.
All of the Terms shall be governed by the Arbitration and Conciliation Act 1996 and construed as amended by the Arbitration and Conciliation (Amendment) Act, 2015 or ay statutory amendment or re-enactment thereof for the time being in force or any such similar laws in India, not conflicting each other. In case of any dispute or the interpretation of any of the terms and/or conditions contained herein, the dispute shall be referred to private Mediation by a sole mediator accredited or certified by any High Court of the Republic of India and appointed mutually by the Parties. In the event of failure to resolve the dispute through Mediation as set out above, you shall be at liberty to refer the same for arbitration by a sole arbitrator. The mediation or arbitration shall be conducted in English and the venue for the
same shall be in Chennai, India. These terms shall be governed by the laws of India. Subject to the foregoing, courts at Chennai City shall have exclusive jurisdiction. Our products are controlled and operated from Chennai, India and we make no representations that they are appropriate or available for use in other locations.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY
GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Singapore MathGym agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SINGAPORE MATHGYM AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
SINGAPORE MATHGYM AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SINGAPORE MATHGYM AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SINGAPORE MATHGYM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SINGAPORE MATHGYM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Singapore MathGym reserves the right, in its sole discretion, to terminate your access to the site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of India and you hereby consent to the exclusive jurisdiction and venue of courts in Chennai, India in all disputes arising out of or relating to the use of the site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Singapore MathGym as a result of this agreement or use of the site. Singapore MathGym 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Singapore MathGym 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the site or information provided to or gathered by Singapore MathGym with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Singapore MathGym with respect to the site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Singapore MathGym with respect to the site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Singapore MathGym reserves the right, in its sole discretion, to change the Terms under which the websitesis offered. The most current version of the Terms will supersede all previous versions. Singapore MathGym encourages you to periodically review the Terms to stay informed of our updates. Additional terms may apply to certain products or services In the event there is a conflict between these terms and any additional terms, the latter will take control.