Welcome to the BIGMath™ Lessons (referred to herein as the “Site”), owned and operated by BIGMath.SG. Subject to the following Terms of Service (“Terms”), BIGMath.SG provides users of the Site with access to services, including a collection of math lessons, math and math-solving resources (“Services”).
We reserve the right to add, delete and/or modify any of the terms and conditions contained in this Agreement. In the event of substantive changes to the terms of this Agreement, you will be notified with a notice on the site. If any modification is unacceptable to you, your only recourse is to discontinue use of the Services. Your continued use of the Services following posting of a change notice or new agreement on the Site or notice to you via email, will constitute your binding acceptance of the changes.
1. BINDING EFFECT
This is a binding agreement. By using this services provided in connection with the Site, you agree to abide by these Terms, as BIGMath.SG may amend them from time to time in its sole discretion. No one under 18 is allowed to create an account. By using the Services, you state that you will comply with these Terms and all applicable national and international laws, rules, and regulations.
2. PRIVACY POLICY
BIGMath.SG respects your privacy and permits you to control the treatment of your personal information. A complete statement of BIGMath.SG’s current privacy policy can be found by clicking here. BIGMath.SG’s privacy policy is expressly incorporated into this Agreement by this reference.
3. BIGMATH.SG SERVICES
BIGMath.SG provides three (3) levels of access to the Site and its Services:
- Visitor Access
Any visitor to the Site will be able to access only basic information about the Site and the Services of BIGMath.SG.
- Registered User Access
Site visitors may register to use the Site by providing basic information to BIGMath.SG, and registered users receive limited access to Site Services.
- Subscriber Access
Registered users may subscribe to BIGMath.SG Courses Access. Subscriber Access requires periodic payments to take and remain in effect. As a subscriber, you agree to pay for the subscription period selected at the time of purchase. You will receive a confirmation notice upon your original effective date with information about your subscription. You may view current information about your subscription at any time at your account page (https://bigmath.sg/my-account). It is your responsibility to review the notice and your account page to ensure that it accurately reflects the requested subscription period.
4. USERNAME/PASSWORD PROTECTION
Upon registering, you will either choose or be given a username and password that will permit you to access the appropriate level of services for the Site. You agree to take all reasonable steps to protect and ensure the accuracy of any login, password or payment information provided in connection with the Services. You further agree to be the sole user of your username/password and the Services, and to promptly notify BIGMath.SG if this is not the case.
5. PROHIBITED USES OF THE SITE AND SERVICE
BIGMath.SG imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Service; (f) threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties; (g) publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable material or information or (h) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by BIGMath.SG in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
Print and Download Restrictions
The Site may at times contain proprietary and original material licensed from Third Parties. The terms under these licenses may prohibit the downloading and/or printing of such material by users. BIGMath.SG is obliged under such licenses to disable the user’s ability to download and/or print such content. Any attempt by you to circumvent these restrictions is a violation of the Terms and may result in termination of service and appropriate legal action.
6. INTELLECTUAL PROPERTY NOTICES
The name “BIGMath.SG” and its logo are trademarks of BIGMath.SG. The Site contains proprietary, original material that is protected by Singapore copyright and international treaties. BIGMath.SG, our instructors and our licensors retain all intellectual property rights with respect to such proprietary, original material. It is understood that anyone who misappropriates the BIGMath.SG’s name or content for commercial use, without the express permission of the BIGMath.SG, may subject himself to civil or criminal penalties. Similarly, any commercial publication or exploitation of the Services or any content provided in connection therewith is specifically prohibited and anyone wishing to do so must first request and receive prior written permission from BIGMath.SG.
7. ALLEGED VIOLATIONS
BIGMath.SG reserves the right to terminate your use of the Service and/or the Site. To ensure that BIGMath.SG provides a high quality experience for you and for other users of the Site and the Service, you agree that BIGMath.SG or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. BIGMath.SG does not intend to disclose the existence or occurrence of such an investigation unless required by law, but BIGMath.SG reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if BIGMath.SG believes that you have violated any of the Terms of Use, furnished BIGMath.SG with false or misleading information, or interfered with use of the Site or the Service by others.
8. LINKS
BIGMath.SG welcomes links to its BIGMath.SG website. You are free to establish a hypertext link to this Site provided that the link does not state or imply any sponsorship or endorsement by BIGMath.SG. BIGMath.SG often links to web sites that are not under its control. BIGMath.SG is not responsible for the contents of any linked site or any link contained in a linked site. BIGMath.SG provides links only as a convenience and the inclusion of any link does not imply endorsement of the web site by BIGMath.SG.
9. DISSEMINATION, DISCONTINUANCE OR MODIFICATION OF SERVICES
BIGMath.SG may change or discontinue any of its Services or its dissemination of the lessons of any category and type of math, resources and data, and works of specific contributors, at any time and without notice and without liability to you. BIGMath.SG may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. BIGmath.SG, at its sole discretion, may occasionally make modifications to the Site, its servers, and the information, resources and data contained therein, including the Services and/or BIGMath.SG’s Subscribed Access content.
10. DISCLAIMER
Please read this Disclaimer carefully before using any of the Services, including subscribing to the BIGMath.SG’s Full Access content.
You understand and agree that the Services available on the site are provided on an “as-is” and “as available” basis. BIGMath.SG hereby disclaims any and all warranties with respect to the Services, whether express, implied, statutory or otherwise, including any implied warranties of fitness for a particular purpose, merchantability, accuracy, title and non-infringement. In connection with the foregoing you expressly agree that use of this site is at your sole risk and without any warranty and that such exclusion of warranties is an essential part of the basis on which BIGMath.SG provides the Services.
You expressly agree that use of the Services, including all lessons and content distributed by, downloaded or accessed from or through this Site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to you or your computer system or for any loss of data that results from the use of the Services by you.
BIGMath.SG will make all reasonable efforts to have the Services available on a 24-hour basis, excluding normal network administration and system down time, but if access is suspended or interrupted, liability will be limited to restoring access to the Services as soon as practical.
With respect to merchandise sold or given as gifts on the Site, any references to their retail or market value represent their “estimated market value.” Estimated market value means that reasonable good faith efforts have been made by BIGMath.SG to determine actual retail value of the merchandise. Given the rarity and unique qualities of the products, and the lack of available and reliable market data, the values represented on the Site are estimates only and should not be relied upon as true indications of actual retail or market value.
11. LIMITATION ON LIABILITY
Under no circumstances shall BIGMath.SG be liable, whether alleged as a breach of contract, tort (including negligence and strict liability), equity or otherwise, for any cost of cover or substitute service or any indirect, incidental, special or consequential damages arising from or in connection with the use the Services, or resulting from unauthorized access to or alteration of transmissions of lessons or of other information that is sent or received, including but not limited to damages for lost profits, even if BIGmath.SG has been advised of the possibility of such damages.
12. INDEMNITY
You agree to indemnify BIGMath.SG for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless BIGMath.SG, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. BIGMath.SG will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
13. DISPUTE RESOLUTION
A. Complaint Process
Any individual may bring complaints relating to BIGMath.SG’s use of Personal Data, or any other matter arising under this Privacy Policy, directly to the BIGMath.SG by sending notice of the complaint to gm@bigmath.sg. BIGMath.SG shall respond in a reasonable time not to extend beyond 45 days.
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING DISPUTE RESOLUTION AGREEMENTS RESULT IN EACH PARTY GIVING UP HIS, HER OR ITS RIGHT TO A JURY TRIAL OF ALL ISSUES. EACH PARTY HEREBY EXPRESSLY WAIVES HIS, HER, OR ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY AND ALL DISPUTED ISSUES IN ANY MANNER RELATING TO OR ARISING OUT OF THE TERMS AND CONDITIONS OR PERFORMANCE OR NON-PERFORMANCE OF TERMS AND CONDITIONS OF THIS AGREEMENT.
B. No Group Actions
You and BIGMath.SG agree that either of you may bring claims against the other only in your or its individual capacity and not as a plaintiff or representative proceeding.
C. Cause of Action
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. GENERAL PROVISIONS
A. Entire Agreement
This Agreement contains the entire understanding of the parties relating to the subject matter hereof. This Agreement cannot be changed or modified except as provided herein.
B. Waiver; Severability
A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.
C. Binding Effect
This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.
D. Notice
Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with BIGMath.SG, or as properly updated, or, in the absence of a valid electronic mail address, via any other method BIGMath.SG may elect in its sole discretion, including, but not limited to, via posting on the Website.
E. Governing Law; Dispute Resolution
This Agreement will be governed and interpreted in accordance with the laws of Singapore applicable to agreements entered into and to be wholly performed in Singapore, without regard to conflict of laws principles. Any and all disputes arising out of this Agreement shall be resolved in the manner set forth in Arbitration clause above.
F. Rights Cumulative
To the extent permitted by applicable law, the rights and remedies of the parties provided under this Agreement are cumulative and are in addition to any other rights and remedies of the parties at law or equity.
G. Headings
The titles and headings used in this Agreement are for convenience only and are not to be considered in construing or interpreting this Agreement.
H. No Third Party Beneficiaries
This Agreement is for the sole benefit of the parties hereto and their authorized successors and permitted assigns. Nothing herein, express or implied, is intended to or shall confer upon any person or entity, other than the parties hereto and their authorized successors and permitted assigns, any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
I. Assignment
BIGMath.SG may assign its rights and obligations under this Agreement at any time to any party. You may not assign your rights and/or obligations under this Agreement without obtaining BIGMath.SG’s prior written consent.
15. ACKNOWLEDGEMENT. BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
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