Welcome to Josiah Online Preschool!
Should the TOU conflict with any other documents, the TOU will prevail for the purposes of usage of the Site. We reserve the right to update or revise the TOU at our sole discretion from time to time. The updated TOU will be posted on the site and shall take effect from the date of posting. The continued use of this site following the posting of any changes to the TOU constitutes acceptance of those changes.
DESCRIPTION OF SERVICES
The use of any of Josiah Online Preschool and its associated and/or affiliated businesses (collectively referred to as “JOSIAH”) owned and operated websites and/or mobile applications (collectively referred to as “Services”), whether accessed via computer, mobile device or otherwise, is subject to these TOU. Your use of the Services constitutes your agreement to the TOU, so please read them carefully. Additional terms and conditions may apply to some services offered on this Website if we post such terms within such services or if we signed a separate agreement with you for such services.
MINORS: REGISTERING AN ACCOUNT REQUIRES SUPERVISION OF A PARENT OR LEGAL GUARDIAN IF YOU ARE A MINOR.
EDUCATORS: IF YOU ARE AN EDUCATOR, WHETHER IN A PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU ARE AUTHORIZED TO AGREE TO THESE TOU ON BEHALF OF YOUR ORGANIZATION AND YOUR STUDENTS.
The services are operated by JOSIAH and its related companies (collectively referred to as “we,” “us”).
PROVISION OF SERVICES
You are eligible to use the services offered by us only if you satisfy the following:
- You agree to abide by and comply with the TOU at all times;
- You have provided all information we require in connection with your registration, and that this information is accurate, complete and current;
- You promptly maintain and update said information to as to ensure its accuracy at all times;
- You agree that the use of our services and your registration with us shall be conditional at all times on your complying and observing these TOU.
USE OF SITE
You must not:
- Attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site;
- Distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Site for any public or commercial purpose without our written consent; and/or
- Access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.
The access to services and License to use is for Individual Subscriber only. Unless there is a prior written agreement between you and us stating otherwise, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to access and make personal use of the Services based on the product you purchased (“Use License”).
Notwithstanding the above, certain resources are made available for download or printing (such as Activities, Calendar, Parenting Tips etc.). You may print or download the page, file or the available material, as applicable, solely for your personal, non-commercial use subject to the Use License.
Any unauthorized use of the Services or violation of these TOU and the Use License automatically terminates your permission to use the Services.
ACCURACY OF CONTENT
While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. The information may contain typographical errors, pricing errors, and other errors or inaccuracies, it will be corrected as soon as practicable.
We reserve the right to:
i. Revoke any stated offer; ii. Correct any errors, inaccuracies or omission; and iii. Make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available;
iv. Adjust and/or restrict the amount of information that you are entitled to view on the Site.
CHANGES TO OUR SERVICES
In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services and suspend, discontinue, delete, modify, or remove any content or functionality offered in the Services from time to time. In addition, in the future, we may charge users for certain content or functionality which may be presently available for free.
INTELLECTUAL PROPERTY RIGHTS
All content included on this Site, such as text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of JOSIAH and/or its content suppliers and is protected by Singapore and international copyright laws and/or other laws. The compilation of all content on this Site is the exclusive property of JOSIAH and protected by Singapore and international copyright laws and/or other laws. None of the content may be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission. Misuse of any trademarks or any other content displayed on the Site is prohibited.
We will not hesitate to take legal action against any unauthorized use of any trademarks, name or symbols displayed on the Site to preserve and protect the rights in them. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
We respect the intellectual property of others. If you believe that any material on our Services infringes upon any copyright that you own or control, please send us a notification of such infringement containing the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing can be found on our
Services; iv. Your address, telephone number, and email address;
v. A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
vi. A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”
Email the notification to us at: [email protected] with subject header [Re: Term of Use], addressed to the Data Protection Officer
We have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of JOSIAH or any third party.
CREDIT CARD PAYMENT
In a credit card transaction, you must use your own credit card. JOSIAH will not be liable for any credit card fraud. The liability for any fraudulent use of a credit card will be on the user and the onus to prove otherwise shall be exclusively on the user.
JOSIAH reserves the right to terminate the services or part thereof, with or without cause at any time. We shall not be liable for any damages, losses, cost or expenses howsoever caused by arising out of termination of any part of the services, to you or any other individual.
This termination may apply to the voiding of the sale of all products on the Site, regardless of whether payment has been made. The cancelling, blocking or denying of a sale or purchase can be effectuated in the event of suspected fraud, hacking or technical or server complications.
LINKS TO THE SITE
You may not create a link to any page of the Site without our prior written consent. If you do create a link to a page of the Site, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of the Site by linking to it.
LINKS FROM THE SITE
JOSIAH or third-party sites may provide links to other websites or resources. Because JOSIAH has no control over such sites and resources, you acknowledge and agree that JOSIAH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that JOSIAH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER AND EXCLUSION OF LIABILITY General
This Site, the services provided hereunder, the information on this Site and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to this Site and its content, including in relation to any inaccuracies or omissions on this Site, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non- infringement or implied warranties from course of dealing or usage of trade.
JOSIAH does not warrant that the Site will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Site will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
JOSIAH shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use of inability to use the services or messages received or transactions entered into through the services or resulting from unauthorized access to our alteration or disclosure of your transmissions or data including any information on your bills, emails, statements and other documents as displayed on the site, including but not limited to, damages for loss of profits, use, data, or other intangibles, even if we have been advised of the possibility of such damages.
JOSIAH shall not be liable for any failure to perform any of our obligations under these TOU if such failure is the result of circumstances outside our control including but not limited to the outbreak of war, any governmental act, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or any other force majeure, fire, flood or any other act of God. We also do not assume any liability for harassing, offensive, defamatory or obscene material distributed through JOSIAH accounts, nor do we assume liability for information which may be in violation of the third party’s intellectual property or other rights.
The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to this Site, or electronic mail transmitted to and from us, will not be monitored or read by others.
Although we use reasonable endeavours to ensure that any software made available on this Site is suitable for downloading, installation and use by third parties, all such software is provided “as is” without any warranty. Specifically, and without limitation, we do not warrant that any such software is virus free, without defects, compatible with other software or operating systems or suitable for any specific purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of any such software, and the general exclusions and limitations above apply to such downloading, installation or use.
All products sold via the Site are on an ‘as-is’ basis and we make no warranties of merchantability, quality, fitness for a particular purpose, availability or non-infringement and we disclaim all implied warranties from course of dealing or usage of trade.
We make no representation that information on this Site is appropriate or available for use outside Singapore. Those who choose to access this Site from outside Singapore do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
By using this Site, you agree to indemnify and hold JOSIAH (and its officers, directors, employees, agents, subsidiaries, affiliates and joint ventures) (each an “Indemnified Person”) harmless from any claim or demand, action, suit or proceeding brought or threatened to be brought against any Indemnified Person which is caused by or arising out of:
- your access and/or use of the Site;
- your and any other party’s access to this Site using your username and/or password, and/or
- your breach of any of these TOU , and to pay such Indemnified Person damages, costs and interest in connection with such claim, demand, action, suit or proceeding.
COMMUNICATION WITH US
You agree to receive communications from us electronically regarding your account, these TOU and the Services, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications are not confidential.
DATA PROTECTION NOTICE
Please review our Data Protection Notice , which is incorporated into, and considered part of, these TOU. The Data Protection Notice explains our privacy practices for the Services. By visiting our Services, you also consent to our Data Protection Notice, so please read them carefully.
Subject to the provisions of these TOU, the Services and all of its subdomains, contents, links, software (whether downloadable or non-downloadable), interfaces, chat rooms, forums, mobile products, applications, services found on our websites, technology, user interfaces, profiles, widgets, messages, links, emails, graphics, images, video, code, sounds, music, games, videos, User Content (as further explained and defined below), Applications (as defined below) all audio visual or other material appearing on or emanating to and/or from our Services, as well as the design and appearance of our Services and the accompanying information and documentation (collectively, “the Content”), are owned by or licensed to us, subject to copyright, trademark and other intellectual property rights under Singapore and foreign laws and international conventions. We reserve all rights to the Content.
All product, brand and company names and logos used on the Services are the trademarks or registered trademarks (including, but not limited to the registered trademark “Josiah”) of their respective owners. Any use of any of the marks appearing on the Services, whether or not owned and/or operated by us is strictly prohibited (unless you first receive our express written consent or the consent of the owner of the mark, as appropriate).
You may not use metatags or any other "hidden text" utilizing "Josiah" or any other name, trademark, service mark or product or service name of Josiah without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Josiah and may not be copied, imitated or used, in whole or in part, without our prior written permission. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Last Update: 9 December 2021