Thank you for using Echelon’s website at http://echelonprep.com/ (the “Site”).
Echelon is an online education platform that connects students (“Students” and each a “Student”) to top tutors and admissions consultants (“Tutors” and each a “Tutor”) from the world’s best universities (the “Service”). Echelon uses a high quality online virtual classroom technology to provide a complete and comprehensive learning experience.
We reserve the right to make changes to these Terms at any time without your prior notice. By using the Site on or after the date on which the Terms have been revised, your use would be deemed as acceptance of the revised Terms.
1.1 Please note that each user shall only be entitled to one account on the Site. Your account is personal to you, and you may not assign or transfer your account or any of your rights under these Terms to any third party without our prior written consent. Any attempted assignment or transfer in violation of the foregoing shall be deemed a material breach of these Terms.
1.2 In order to register for an account and set up your profile on the Site, we will require you to provide us with certain personal information, including but not limited to your name, email address, contact number and a password of your choice. You confirm that all information provided is true, accurate, correct and up to date.
1.3 You are responsible for the confidentiality of the username and password allocated to you and you shall take ownership of all activity and transactions under your account. You shall notify us immediately if you become aware of any unauthorized use of your password or account or any other breach of security.
2. RESTRICTION, DELETION OR SUSPENSION OF ACCOUNT OR SERVICES
2.1 We reserve the right to restrict, suspend or delete your account or restrict your access to the Site, or to restrict, suspend or cease to provide the Service to you at any time at our sole discretion for any reason whatsoever. If your account is suspended, restricted, or deleted, you are not permitted to continue to use the Service or the Site under a different or new account without our prior approval.
2.2 You may terminate your account at any time by writing to us at firstname.lastname@example.org. We may terminate your account for inactivity for at least a period of 180 days at our sole discretion.
3. USE OF SITE
3.2 You agree that you will not:
use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information;
upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
violate any applicable laws or regulations; or
create a false identity for the purpose of misleading others.
4. LINKS TO OTHER SITES
The Site contains information from third party sites (“Third Party Content”). Echelon makes no representation and is not responsible for such Third Party Content and shall not be liable for any damages or loss arising from access or use of such Third Party Content. Any content, services, representations made on such websites are solely the responsibility of the operator of those websites and Echelon assumes no responsibility for any content, the operation or the services provided thereon. Use of the hyper-links and access to such linked websites are entirely at your own risk.
You shall indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms or otherwise by your use of the Site.
6. CONSENT FOR USE OF PERSONAL INFORMATION
6.1 You hereby consent to our collection, use and disclosure of your personal information provided to us.
6.2 You agree that we may collect, use or disclose your personal information for the following purposes:-
setting up your registered user account and profile on the Site, either as a Student or a Tutor;
to provide and improve the Service;
to verify your credentials and education history if you wish to sign up as a Tutor on the Site;
to process payments from Students via online payment gateways or major credit cards;
to process payment to Tutors via Paypal or any other gateways;
to send to you emails which are specific to your account and which are necessary for the normal functioning of the Service, including one or more welcome emails which help inform new users about various features of the Service;
for targeted online marketing;
to contact you regarding any complaints, feedback, queries or requests;
handling any issues which have come to our attention;
to facilitate investigations into any suspicious or illegal activity on the Site;
for internal administrative and management purposes;
where required by any act, statute, law, or regulation, or by the order of a government authority or a court or tribunal of competent jurisdiction;
such other purposes consented by you for which your personal information is collected; and
any other purpose reasonably related to the aforesaid.
We may disclose your personal information to our partners, agents, or affiliates whom we have engaged to provide the Service, to maintain this Site or to protect the security or integrity of this Site and our databases. We will use commercially reasonable efforts to ensure that such partners, agents or affiliates do not use your personal information for a purpose other than the purposes for which the personal information were originally given.
7. NO WARRANTY
7.1 The Service, this Site and the content therein are provided on an “as is”, “as available” basis. We do not warrant the correctness, accuracy, adequacy, completeness, timeliness or validity of the Service, this Site and/or the content therein and expressly disclaims liability for errors or omissions in the content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Service, this Site and the content therein.
7.2 We do not warrant that the Service, this Site and/or any content therein will be provided uninterrupted or free from errors or that any identified faults will be corrected. No warranty is given that the Service, this Site, and the content therein are free from any computer virus or other malicious, destructive or corrupting code/programme.
You acknowledge and agree that:-
you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;
your use of the Site and reliance on the content on the Site are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site, including but not limited to any damages or losses which you may suffer as a result of any tutoring package made available on the Site or any lesson conducted via our virtual classroom;
we shall not be responsible for any content or materials posted on the Site, including, but not limited to, any content or materials posted on Echelon’s virtual whiteboard by any Student or Tutor;
we shall not be responsible for any disputes, demands, claims, actions, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever arising out of or in connection with the any tutoring package made available on the Site or any lesson conducted via our virtual classroom;
you are required to use your own judgment, caution, and common sense in evaluating the information provided on the Site and any information provided by us or any third party, including, but not limited to, any content or materials posted on Echelon’s virtual whiteboard by any Student or Tutor;
we reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Site at our sole discretion at any time, without notice, for any reason whatsoever;
the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site.
9. LIMITATION OF LIABILITY
9.1 We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with:
a. any acts or omissions of any Tutor or Student;
a. any content or material on this Site, including but not limited to any incorrectness, inaccuracy, inadequacy, incompleteness or invalidity thereof;
b. any unauthorized access by any person of your account with us;
c. any access, use or the inability to access or use this Site, or reliance on the materials and/or any information on this Site;
d. any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
e. any use of or access to any other website linked to this Site, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.
9.2 This provision shall take effect to the fullest extent permitted by the applicable law.
10. PROPRIETARY RIGHTS
10.1 You acknowledge and agree that we own, or have the licence to use, the Site, including the source codes, pages, documents and online graphics, audio, video and such other contents found on the Site and any and all intellectual property rights used or embodied in or in connection thereto, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the Site or the Service. The Site and the content therein shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.
10.2 You further acknowledge that we own, or have the exclusive licence to use, the Trade Marks, and may from time to time apply for registration of other Trade Marks and service marks. We are not aware of other persons using any of the Trade Marks and we do not warrant that we have sole or exclusive rights in and to such Trade Marks. You agree not to at any time contest our ownership of the Trade Marks and undertake not to use the Trade Marks without our prior written consent and/or in derogation of our rights.
10.3 For the purposes of these Terms, “Trade Marks” means the “Echelon” mark and such other marks and devices used by and belonging to us whether registered or not and all such other trade marks, trade names, service marks, trade dress, logos, and emblems which are under our control or ownership and which we stipulate are to be used from time to time by us.
You shall indemnify and hold us, our officers, directors, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms or otherwise by your use of the Site or the Service.
12. DISPUTE RESOLUTION
12.1 Any dispute arising out of or in connection with these Terms including any questions regarding its existence, validity or termination shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision. The Tribunal shall consist of one arbitrator (“Arbitrator”) to be appointed by the Chairman of the Singapore International Arbitration Centre. The language of the arbitration shall be English.
12.2 The decision in writing of the Arbitrator shall be final and conclusive upon both parties. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
12.3 Notwithstanding the above and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
13.1 Nothing contained in these Terms shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto.
13.2 No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
13.3 All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without our prior written consent.
13.4 Any one or more clauses, stipulations or provisions of these Terms, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
14. GOVERNING LAW
These Terms shall be construed and its performance governed in accordance with the law of the Republic of Singapore.
Last Updated on 1 April 2016.