TERMS OF SERVICE FOR USING SCIENCE SCORE
THE FREE TRIAL SERVICES MAY BE PROVIDED TO YOU AT THE SOLE DISCRETION OF NEWGEN KIDS.
Your use of the animated characters, speech application program interface (SAPI) and speech library components (“DOWNLOAD”) will be governed by the END USER LICENSE AGREEMENT accompanying the download. The downloaded components will be installed in the appropriate system folders of your computer.
1. DESCRIPTION OF SERVICE
Science Score provides e-Assessments by giving users access to a wide variety of visually enhanced exam style questions and answers in Science for Primary School students. Any new features that augment or enhance the current Service also will be subject to these Terms of Service.
You understand and agree that the Service is provided “AS-IS” and that Science Score.com and Newgen Kids (the owners of this service) assumes no responsibility for the timeliness, accuracy, content deletion, mis-delivery or failure to provide uninterrupted service or safeguard personalisation settings. In order to use the Service, you must obtain Internet connection and pay any service fees associated with such Internet access.
Science Score service is primarily targeted at kids in the age group of 10-12 years. In addition to such users, the Service is also targeted to meet the needs of parents and teachers. The sign up for this Service is expected to be done by adult parents, guardians and teachers and others who have a valid email address for communication and who can enter into legally binding contracts under applicable law for such services. If you do not qualify to enter into such agreements, you may not want to enter into this Agreement for use of Science Score.
3. PAYMENT & SERVICES.
Once the trial period is over, which may be provided to you at the sole discretion of the company, you will become a paid subscriber in order to access the regular full content service made available through the year. If you choose to subscribe to these services, then you agree to pay Newgen Kids the fee and service charges as per price plan for your use of the Services using a valid credit card, plus any applicable taxes, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. Fee and services charges are payable and are billed in advance according to the price plan selected. All payments of fee and service charges are non-refundable. You may anytime cancel your subscription for the Service in future, but Newgen Kids will have no obligation to refund any portion of the fee or service charges received. If you are subscribing to the Service online through credit card, you agree to provide Newgen Kids with a valid credit card and accurate, complete and updated information. Failure to comply may result in the immediate termination of Services.
You also agree that you will be billed for and will pay any outstanding balances if you cancel the Services, or the Services are terminated. You agree to notify Newgen Kids about any billing problems or discrepancies within 90 days after they first appear on your account statement. If you do not bring them to Newgen Kids’s attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
During your subscription period, you will be entitled to receive: (1) premium Content (as defined below); (2) any generally available Science Score upgrades released during your subscription period; and (3) Science Score support services as available at http://www.sciencescore.com/contact.php.
Science Score provides e-Assessment content to its regular subscribers consisting of visually enhanced animated/non animated exam style questions and answers in Primary Science, with loads of useful value added features. You understand that all information, audio, video, music, flash animations, images, artwork, data, text, software, sound, photographs, graphics, messages or other materials (collectively referred as “Content”) provided in conjunction with the Services have been painstakingly prepared from authentic sources, created with skilled professionals and presented with great care keeping in mind the end user group to whom the content is targeted. UNDER NO CIRCUMSTANCES WILL NEWGEN KIDS BE LIABLE IN ANY WAY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT, QUALITY OF THE CONTENT, AVAILABILITY OF THE CONTENT, THE SUBJECT MATTER OF THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PROVIDED FORMING PART OF SCIENCE SCORE SERVICES.
5. YOUR RIGHT TO CANCEL SCIENCE SCORE SERVICES
If you are a regular subscriber, you may cancel the Science Score Services at any time. You will not receive any refund or partial refund for any charges already billed to your account. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period. You may cancel the services by accessing the Account section in the My personal page after login. Further, you may contact Newgen Kids by phone or through email. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any kind of dispute with Newgen Kids.
6. NEWGEN KIDS’ RIGHT TO TERMINATE OR MODIFY SERVICES
Newgen Kids may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. In the event Newgen Kids modifies the Agreement or the Services, you may terminate the Services. Newgen Kids may terminate this Agreement and any Services at any time upon notice to you, provided that you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Newgen Kids’ sole discretion. Newgen Kids may provide notice by e-mail or by publishing the changes on its website. This Agreement will automatically terminate if you fail to comply with any term. No notice shall be required from Newgen Kids to effect such termination. Upon any termination of this Agreement (whether by you or Newgen Kids), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive termination of this Agreement.
7. SERVICE USE RESTRICTIONS.
a) You agree that you shall only use the Services and Content in a manner that complies with all applicable laws in the jurisdictions in which you use the Services and Content, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; and (vi) add to, alter, delete from, or otherwise modify the Content.
b) You may only use the Services and Content for your private, non-commercial use. You may not use the Services or Content in any way to provide, or as part of, any commercial service or application. All Content forming part of this service is protected by the copyright laws and related laws of other jurisdictions, and is for your own personal use only. You may not, under any circumstances, distribute Content to third parties, or broadcast or perform the Content outside your normal circle of family and social acquaintances.
c) You may not attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, a Content file.
d) In addition to any other remedies available in equity or law to Newgen Kids and it’s content suppliers, vendors and other affiliates, failure to comply with any of the terms and conditions in this Section “Service Use Restrictions” shall immediately terminate your license to the Content and the Services.
8. PERSONAL INFORMATION AND PRIVACY
9. PASSWORDS AND SECURITY
You are responsible for maintaining the confidentiality of the password given to you to access Science Score and also responsible for your account information. Furthermore, you are entirely responsible for all activities that occur under your password and account. You agree to notify Newgen Kids of any unauthorized use of your password, and you need to exit your account immediately after you use the Service. Newgen Kids will be in no way responsible for any loss that you may incur as a result of any unauthorized use of your user account and password.
10. E-MAIL NOTIFICATION.
To let you know what new Content and Services are available and to let you know of important developments from time to time, Newgen Kids may send you e-mails. You agree that as a Service subscriber, Newgen Kids may send you such e-mail to the address you provide. If you do not want to receive this e-mail, you may cancel the Service at any time as provided in this Agreement
Title, ownership, rights, and intellectual property rights in and to the Services shall remain in Newgen Kids and/or its suppliers. The Services and Content are protected by the copyright laws. Title, ownership rights and intellectual property rights in and to the Content accessed through the Services shall be retained by the applicable Content owner and may be protected by applicable copyright or other laws.
THE SERVICE, THE SITE, AND ALL CONTENT ON THE SITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Newgen Kids FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES AND CONTENT REMAINS WITH YOU.
In addition, science score make no warranty that
(i) The service will meet your requirments,
(ii) The service will be available uninterrupted, timely, secure, or error-free,
(iii) The results that may be obtained fron the use of the service will be accurate or reliable, and
(iv) The quality of any products, &servisec, information, or other material purchased or obtained by you through the service will meet your expectations. Any material downloded or otherwise obtained through the use of the site is done at your own discretion and risk and newgen kids shall have no responsibility for any damage to your computer system or loss of data that results from the download of any such material
13. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEWGEN KIDS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, EVEN IF NEWGEN KIDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEWGEN KIDS’s TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED US$50 (FIFTY DOLLARS ONLY).
You shall defend, indemnify and hold harmless NGK, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Service.
15. LINKS TO WEBSITES
Through Science Score service, you may be exposed to hyperlinks to Web sites controlled by third parties. Science Score and Newgen Kids is not responsible for and does not endorse or accept any responsibility over the content or use of these Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them.
16. INTERNATIONAL USE
You agree to comply with all local rules and regulations regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws that restrict or prohibit transmission of content, governed by export/import laws. You agree that Science Score services nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
17. NO ASSIGNMENT.
This Agreement is personal to you, and may not be assigned without Newgen Kids’s express written consent.
Governing Law and Jurisdiction: This Agreement shall be governed by and interpreted according to the laws of Singapore. All actions, suits and proceedings under this Agreement or relating to this Agreement shall be subject to the exclusive jurisdiction of courts in Singapore.
Arbitration & Jurisdiction: You and Newgen Kids agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, this Agreement or Services, or your use of the Services shall be though a final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of Singapore
Business Trust Secretariat:
Alternatively, customers may refer their complaints to the BusinessTrust Secretariat if they are not satisfied with the resolution of the complaint. Complaints can be referred to
Mr. Ramesh Vakkiprath
35, Selegie Road, #09-25, Parklane,
Email: [email protected]
Complete Agreement: This Agreement shall constitute the complete and exclusive agreement between you and Newgen Kids, not withstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Newgen Kids or not. The terms and conditions contained in this Agreement may not be modified by you except in writing duly signed by you and an authorized representative of Newgen Kids. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
19. COPYRIGHT / TRADEMARK INFORMATION
Copyright © 2005-2007 Newgen Kids pte ltd. 528, East Coast Road, #06-01, Singapore 458969. All rights reserved. Science Score and Newgen Kids are registered trademarks or trademarks of Newgen Kids.
20. CONTACT INFORMATION
Newgen Kids pte ltd, 528, East Coast Road, #06-01, Singapore 458969.