Terms Of Use

Preamble

1.1 Welcome to inStic.com (the “Site” or “Website”). This Site is owned and operated by Instic Pte Ltd (“inStic” “We,” “Us,” or “Our”), a private limited company incorporated under Singapore law with registration number 202042068W.

1.2 THESE TERMS OF USE (“Terms”) AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THIS SITE.

1.3 inStic Academy means any entity which runs tuition / enrichment / academic programmes / workshops / seminars/ all other programmes or events under the brand “Instic Academy” or “Instic” or any of their variations thereof in Singapore and referred to as the inStic Group of companies.

1.4 We are the owner and/or licensor of products and/or services and are in the business of providing the Services in Singapore and, going forward, other countries outside of Singapore.

1.5 You are a natural person who is presently visiting Our Site in Your own individual capacity and/or on behalf of Your company (“You”, “Your”, “Yours”).

1.6 Please read this Terms and our Privacy Policy carefully before you use this Site. By continuing to use this Site, downloading our content and/or App, you acknowledge and agree that you have read, understood, accepted and agreed with these Terms.

1.7 We reserve the right, at our discretion, to change these Terms at any time. Please check these Terms periodically for changes. Using this Site following the posting of changes to these Terms indicates that you accept them as changed.

inStic Academy Franchisees

2.1 Each inStic Academy location is independently owned and operated by an inStic Academy franchisee. Information on particular locations, like biographies, hours and pricing, are provided by and are the responsibility of the particular inStic Academy franchisee.

Use Of The Site And Its Content

3.1 We grant You a limited, nonexclusive, nontransferable license to access this Site and its Content for your personal, noncommercial use according to these Terms. If you are under age 16, you may use this Site only with your parent’s or guardian’s consent.

3.2 The contents of this Site, including the text, photos, drawings, videos, trademarks, graphics, images, information, visitor chat, and other materials contained on this Site (“Content”) are for general informational purposes only. Such Content is provided without any knowledge as to your identity, jurisdiction, or specific circumstances.

3.3 We may alter, suspend, or discontinue this Site, or any content in it, at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. We may also elect, at any time upon notice, to begin to impose fees or charges for access or use of this Site.

3.4 You must use this Site only for a lawful purpose. You must not take any action that may compromise the security of this Site, make this Site inaccessible to others, or cause damage to this Site or its content. You must not try to access content that is not intended for you. You agree not to use this Site in any way that might interfere with the rights of Instic, or anyone else.

3.5 This Site’s content, including its organization, selection, and arrangement, as well as various software or programming within or related to this Site, belong to inStic. No content from this Site may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without inStic’s prior written consent.

3.6 You must not frame or mirror material on this Site on any server or other location; use metatags or other hidden text using our trademarks; use any deep-link, page scrape, robot, spider, crawler or other automated method to access, copy, record or distribute any part of this Site; or use information on this Site to contact or solicit us or our franchisees, except where indicated, for instance on the Contact Us page. Unauthorized use or activity relating to this Site, whether on any other website, computer environment, network, communication system, other media, or elsewhere, is prohibited.

3.7 You must not add to, subtract from, or otherwise modify or edit the code, content, display or any other aspect of this Site.

3.8 We reserve the right to refuse access to this Site to anyone for any reason at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time (“Updated Term”). You agree that we may notify you of the Updated Terms by posting them on this Site, and your use of this Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms and any Updated Terms before using this Site. The Updated Terms will be effective as of the time of posting and will apply to your use of this Site from that point forward.

Links To Third-party Websites

4.1 inStic does not control or maintain any of these third-party websites or any of their content, nor have we reviewed or approved any content that appears on such other Sites. If you use these links, you will leave this Site. inStic provides links for You for your convenience only, and the inclusion of any link to a site not owned by inStic is not an endorsement by inStic of this site or its contents.

4.2 You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.

4.3 inStic assumes no responsibility for any other party’s site hyperlinked to this Site or in which any of this Site has been hyperlinked. Your correspondence and business dealings with third praties found through this site are solely between You and the third-party.

4.4 Your use of certain services on this Site may be governed by additional rules, which are available on the Site or by hyperlink from other sites, in connection with the service. By using any service, You are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the services may have been provided by third parties for Your use. In the event that any service or tool is provided by a third party, such service or tool may become unavailable in the event that the agreement between us and the third party is terminated. You expressly acknowledge and agree that your use of all services and tools is solely at your risk.

Indemnification

5.1 You agree to indemnify, defend and hold harmless inStic, its officers, directors, employees, agents and representatives from and against all claims, liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of or in any way connected with any of the following:

(a) your violation or alleged breach of these Terms;

(b) your use, misuse, inabillity to use or interruption in service of the Site;

(c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or

(d) your violation of the rights of any third party.

5.2 You will cooperate as fully required by inStic in the defense of any claim. inStic reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of inStic

Intellectual Property

6.1 This Site contains content owned or licensed by inStic (“inStic Content”). inStic Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and inStic, inStic owns and retains all rights in the inStic Content and this Site.

6.2 You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the inStic Content and you will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit the inStic Content, except as we authorizes you to view and print one copy of any inStic Content that is available on this Site (such as articles or papers), subject to the following conditions:

a. Such Content may be used solely for non-commercial, informational purposes.

b. Such Content may not be modified.

c. Copyright, trademark, and other proprietary notices may not be removed.

6.3 Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any information or documents displayed on this Site, through the use of framing or otherwise, except:

(a) as expressly permitted by these Terms; or

(b) with the prior written permission of inStic or such third party that may own the trademark or copyright of material displayed on this Site. If you are interested in reprinting, republishing or distributing content from this Site, please contact us via the inStic Contact Us page.

6.4 The marks “inStic,” “CA[I]RE,” “inStic Academy”, “inStic Learning Centre”, “inStic Academy Learning Centre”, and the inStic logos are trademarks or registered trademarks of inStic, and may not be copied, imitated or use, in whole or in part, without the prior written permission of inStic.

Disclaimer of Warranties

7.1 The Site, and any product or service obtained or accessed through the Site, are provided “as is” and without representations or warranties of any kind, either express or implied. specifically, but without limitation, inStic does not warrant that: (i) the information on this Site is correct, accurate, reliable or complete; (ii) the functions contained on this Site will be uninterrupted or error-free; (iii) defects will be corrected, or (iv) this Site or the server(s) that makes it available are free of viruses or other harmful components.

7.2 To the fullest extent permissible pursuant to applicable law, inStic, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim any and all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on our Sites.

7.3 Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.

7.4 You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use our Sites, and all charges related thereto. You assume total responsibility and risk for your use of the site and your reliance thereon. no opinion, advice, or statement of inStic or its affiliates, suppliers, agents, members, or visitors, whether made on the site or otherwise, shall create any warranty. Your use of the Site, the content contained herein, and any materials provided through the Site, are entirely at your own risk.

7.5 A possibility exists that the Site could include inaccuracies or errors, or materials that violate this agreement. Additionally, a possibility exists that unauthorized alterations could be made to the Site by third parties. Although we attempt to ensure the integrity of our Sites and other products and services, we make no guarantees as to the completeness or correctness of any content on the site. In the event that such a situation arises, please contact us via the inStic Contact Us page with, if possible, a description of the material to be checked and the location (url) where such material can be found on our Sites, if applicable, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Copyright Infringement” below.

Limitation of Liability

8.1 Neither inStic nor its officers, directors, employees, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable to You for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to:

(i) the Site and/or any content contained therein,

(ii) Your use of, inability to use, or the performance of this Site,

(iii) any action taken in connection with an investigation by the inStic parties or law enforcement authorities regarding your or any other party’s use of this Site,

(iv) any errors or omissions in this Site’s operation;

(v) any product or service used or purchased through our Site; or

(vi) any damage to any user’s computer, mobile device, or other equipment or technology in connection with use of this Site, even if foreseeable or even if the inStic parties have been advised of or should have known the possibility of such damages, whether in an action of contract, negligence, strict liability or tort.

8.2 Your sole remedy for dissatisfaction with the site is to stop using it.

8.3 Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

8.5 The aggregate maximum liability to inStic for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount paid to us by you, if any, for access to the Site in the twelve months preceding any such claim or Five Hundred Singapore Dollars (SGD $500) whichever is less.

Interpretation

9.1 These Terms are governed by and construed in accordance with the laws of the Republic of Singapore, without giving effect to any choice of conflict provision or rules. Headings in these Terms are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms or the meaning and construction of these Terms. These Terms are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.

Copyright Infringement

10.1 The 1 January 2005 implementation of the Copyright (Amendment) Act 2004 (“the Act”) to the Copyright Act of Singapore (Chapter 63) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under Singapore copyright law. This stems from the US Singapore Free Trade Agreement signed on 6 May 2003. The changes are aimed at copyright protection. The Act prescribes that you will be liable, for (i) criminal and (ii) civil sanctions, on conviction (i) to a fine not exceeding S$10,000 or to imprisonment for a term not exceeding 2 years, and (ii) damages suffered by the person as a result of you making the notification, if you are found to have make a misrepresentation or false statement. Please take note of the following instructions/ procedures:

10.2 In the event a copyright holder discovers any unauthorized distribution or production of his copyright material, he may notify inStic, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, and inStic shall take all reasonable efforts to remove or disable the infringing material;

10.3 Upon receipt of a valid take down notice, inStic shall take all reasonable steps to notify the person who had posted the infringing material as soon as possible after the removal or disabling of the infringing material;

10.4 Should the person whose material has been removed or disabled does, within the prescribed time, send inStic a valid counter-notification, to the person designated and in the manner prescribed by the Copyright (Amendment) Act 2004 and any subsidiary legislation thereof, to restore the infringing material, inStic shall take all reasonable efforts to restore the infringing material as soon as possible UNLESS the person requesting for the material to be disabled or removed, has commenced action against the person who had posted the infringing material and inStic is informed of such proceedings.

10.5 Please note that inStic will only act upon a valid notification or counter-notification, i.e. a notice in the prescribed form under the Act.

10.6 All notifications shall be sent to inStic through the Contact Us page on this Site.

Miscellaneous

11.1 This Agreement, together with all inStic policies referred to herein, constitutes the entire agreement between you and inStic relating to your use of the Site and supersedes and any all prior or contemporaneous written or oral agreements on that subject between us.

11.2 This Agreement and the relationship between you and inStic are governed by and construed in accordance with the laws of the State of Singapore, without regard to its principles of conflict of laws. You and inStic agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

11.3 If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

11.4 Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

11.5 If inStic receives suggestions on, or to this Site for lesson improvements or any other material, ideas, concepts, know-how, techniques, questions or comments of any kind, the information sent will be treated as non-proprietary and non-confidential and will become the property of inStic for use without any compensation to the sender and/or contributor.

11.6 You agree that any claim you may have arising out of or related to your relationship with inStic must be filed within the shorter of (i) one year after such claim arose; and (ii) whatever time limit the law by itself would allow. If your claim is not brought within such time, your claim is permanently barred.

Tinkerer Online Specific Terms

12.1 Tinkerer is a platform for electronic “self-paced” lesson delivery and is part of the inStic service. Tinkerer is offered through Google Classroom, Zoom, and any other website or mobile application owned, operated or controlled by inStic (collectively referred to as the “Online Service”).

Access to Tinkerer

12.2 In order to use Tinkerer you will be required to:

12.2.1 complete the account registration process individually or as assigned by inStic on your behalf;

12.2.2 agree to these Terms;

12.2.3 make payment in full for the use of Tinkerer;

12.2.4 no do anything that may jeopardise the reputation, integrity or performance of Tinkerer.

12.3 inStic may refuse access to Tinkerer, suspend Tinkerer or your access to Tinkerer, close accounts of any registered user, discontinue Tinkerer or change these Terms at any time, without notice.

12.4 If your access to Tinkerer is suspended or terminated for cause, such as for a breach or violation of these Terms there will be no reimbursement or refund provided. If we terminate your access to Tinkerer without cause, we will refund you a prorated amount of your prepaid access to Tinkerer.

12.5 You may request to terminate your account at any time with one-month written notice via the Contact Us form on this Site. There will be no refund for partially consumed access and our liability to you, if any, will immediately terminate.

12.6 Should a dispute, of any kind, be identified, we may suspend your account associated with the dispute, including disabling login and removal of the account from Tinkerer as we choose at our sole discretion.

12.7 The term of the Tinkerer Agreement (the “Duration”) will begin and will continue for as long as you are a Member or until you or we terminate the Agreement in accordance with these Terms, whichever happens first.

Account and Password

12.8 You are responsible for maintaining your Tinkerer account (userid and password) credentials confidential. You and also responsible for any activity occurring in your account, whether you authorised that activity or not. You will immediately notify us of any unauthorised access or use of your account(s). In addition, you represent and warrant that all information you provide to us when you access and use Tinkerer, is and will remain complete and accurate.

Payment and Billing

12.9 To access Tinkerer, you are required to complete full payment as billed to you by us. By paying for and accessing Tinkerer, you may be asked to supply certain information relevant to facilitate your access to Tinkerer. We may change our fees and charges for Tinkerer by giving you one month of notice.

Conflict

12.10 Where there’s a conflict between these Tinkerer specific terms and any other terms that you may have with inStic or any of the inStic Group of companies (“Other Terms”), the Other Terms will take precedence and priority to the extent of the conflict.

Contact Us

13.1 If you have questions or comments about these Terms, please contact us using the Contact Us link on this Site.