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Effective Date: August 01, 2022
Please read these Terms and Conditions carefully before using the Website and/or Services. If you do not accept these Terms and Conditions, please, do not use the Website and do not click “Sign up” (or similar) or otherwise use our Services.
“We”, “us”, “our” or “Platform” means the entity – “AstralSolutionz (S) Pte Ltd”, or “AstralSolutionz LLP”, or the website – www.abclearnings.com
“Learner(s)” or “Student(s)” or “Trainee(s)” means a person who has an account on our platform and has purchased a course on our platform.
“Instructor(s)” or “Teacher(s)” or “Trainer(s)” means a person who has an account on our platform and has created or published a course on our platform.
“Referrer” means a person who has an account on our platform and has shared their referral code to onboard more user(s) to our platform.
“Referral” means a person who has registered on our platform using the referral code shared by the referrer.
“User”, “you” or “your” means a person using the Services, including Learners, Instructors, Referrers, Referrals, or any other person registered on the platform. Currently, it is assumed that every user is an individual and is not an organization or entity or similar.
A “Course” can be an offline course or an online class.
An “Offline Course” is a self-paced training, comprising of combination of lessons or lectures published by an instructor for sale on the platform. This type of course doesn’t have any direct communication between the Instructors and the Learners.
An “Online Class” means any online class(es) created or published by an Instructor for sale on the platform. The classes can be “Private / 1-on-1” or “Group / Batch”.
These Terms & Conditions are applicable to your access and use of the website – www.abclearnings.com
These Terms and Conditions and any linked policies constitute the entire agreement between you and us.
ABCLearnings has launched this marketplace with the vision to host any course that can be learnt online or taught online and help every individual to enhance their competencies via our online training platform, without any barriers. The purpose of this platform is to connect the Learners with various Instructors and enable them to choose courses based on their aspirations. These Terms and Conditions have been established to safeguard everyone’s interest, participating in this platform, namely the learners, instructors, referrers, referrals, administrators, and anybody else registered on the platform. These Terms apply to all your activities on our website.
You agree that by accepting our Terms & Conditions, you are agreeing to enter into a legally binding contract with AstralSolutionz and indicate your unconditional acceptance of these Terms, on your own behalf and, if you are a Parent, on behalf of the Instructor / Student / any User represented by you who uses our Service. These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
The failure of ABCLearnings to exercise or enforce any right or provision of these Terms & Conditions will not constitute a waiver of such right or provision.
AstralSolutionz is a corporation registered and organized under the laws of Singapore and India. The Entity registered in Singapore is AstralSolutionz (S) Pte Ltd; whereas the Entity registered in India is AstralSolutionz LLP. ABCLearnings is the platform launched by AstralSolutionz.
If any part of these Terms & Conditions is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue to be in effect.
Our platform is an online marketplace which allows the learners to find and connect with various Instructors for offline / online lessons or courses. ABCLearnings provides an online content creation platform, which can be used by the Instructors to build, publish, and sell courses.
The “Services” include the Website, content creating platform, online video classrooms, online discussion forums and chat rooms, other services such as payment gateway, referral payouts, etc., and the entire selection of tools and services offered via the Platform.
By registering on our platform, you acknowledge and agree that:
We reserve the right to change these Terms from time to time, for any reason by posting the updated Terms to our Website with indication of the modification date at the top of this page. The additional notifications on any amendments will be sent to your email.
Modifications will become effective on the day they are posted unless stated otherwise. By continuing to use the Services following amendment of these Terms, you consent to be bound by the Terms as amended. Any revised Terms shall supersede all previous Terms.
All the features of the platform, like purchasing and accessing trainings, creating, or launching trainings, etc., can be used by creating a secured account.
The account must be created with a valid email address and mobile number. Upon registration, you agree to provide and maintain true, accurate, current, and complete information about yourself in the “Profile” section.
You acknowledge that we reserve the right to deactivate or terminate accounts that are inactive for an extended period of time, without any consequences to us. Your course / content may still be available on the platforms even if your account is terminated or suspended.
Keeping the account secured is solely your responsibility. You have the sole responsibility of all the activities performed by your account. You must not use credentials of other users, neither should you share your credentials with others. ABCLearnings will not intervene in any disputes related to your account. Any form of damage or harm caused to us or anyone else using your account will be your responsibility.
If, at any point of time, you feel that your account security has been compromised, reset your password immediately.
Every user of this website and the services must be at least 18 years of age, ensuring the user can form legally binding contracts under applicable law. Individuals under the age of 18 can use our Services only in conjunction with and under the supervision of a Parent. In this case, the Parent is responsible for any and all activities of the Student. We have the right to terminate your account, without any consequences to us, if a user is found violating the rule.
We may request you to verify your identity.
You agree to use the platform in a legal manner and lawful purposes. You are not allowed to use our Platform to engage in any kind of conduct that violates any applicable federal, state, local, or international law or regulation. Your use of our platform and any of its services must comply with the applicable local or national laws or regulations of your country. You have the sole responsibility for the knowledge and compliance with any such laws and regulations that are applicable to you. You agree that you will not post any content which is inappropriate in any nature such as incorrect, misleading, infringing, defamatory, racist, sexist, hateful, pornographic, anything that may hurt the public sentiments, etc.
You agree that you will not abuse or misuse any of the resources or services of ABCLearnings. You agree not to impersonate another person or gain unauthorized access to another person's account.
You own and are responsible for all the content that you post. You agree that under no circumstances, we would be required to obtain licenses from or pay royalties to any third party for any of your activities or usage of our services. You have the sole responsibility of all the content that you post on our platform and all the activities that you perform on our platform. You agree to respect every individual using our platform, respect their rights, and respect the intellectual property rights of others.
If you think someone has infringed your copyright or trademark on our platform, please let us know. More has been covered in the section for “Intellectual Property Rights”.
If we are put on notice that your conduct or course or content violates the law or the rights of others, if we discover or believe your content or behavior is unlawful, inappropriate, or objectionable, we may take appropriate legal action against anyone who violates the conduct, including but not limited to, removing any violating content from the platform, suspending or terminating the account of such violators, with or without notice, and reporting them to the law enforcement authorities. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking your access to our platforms and services.
Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
If you have created a course or want to create a course, you represent and warrant that:
You agree not
to share your contact details (mobile number / phone number or email ID, etc.)
with any other user, either through communication dashboard or via classrooms
or using any other means.
This is to
keep everyone’s identity secured. We reserve the right to terminate a user
account, in case of any kind of violation, without any consequences to us.
As an instructor, you are establishing contract directly with AstralSolutionz (S) Pte. Ltd., incorporated in Singapore, regardless of whether another subsidiary / associate facilitates payments to you.
If you have created a course on ABCLearnings, you understand and agree the following:
Every course and its related information are owned by the Instructor. We have no control or ownership of any course, its content, or its related information.
You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Instructor.
You acknowledge that we reserve the right to delete or archive any course and its content that are inactive for an extended period of time or for any other reason, without any consequences to us.
Each of the Lessons in a published course may have (1) videos, (2) any supporting documents, or a combination of both.
Although, we strive to maintain the quality of courses on our platform, you agree that we are not responsible for any authenticity, quality, safety, legality, or appropriateness of the courses.
The videos are non-downloadable, whereas the supporting documents can be downloaded. In published courses, some of the videos may be available for free preview. The choice of keeping videos for free preview is solely at the Instructor’s discretion.
All the materials are owned by the instructor. We are not responsible for any sale, resale, or illegal usage of any of the materials.
We have the
right to go through the recorded videos or any other materials uploaded by the
Instructors. We have the right to download any media created / uploaded by an Instructor or any user.
The online classes may be recorded by the Instructors. It is at the sole discretion of the Instructor whether the recorded classes will be shared with the learners or not.
All the recorded videos are stored on our platform for a maximum of 7 calendar days from the date of the applicable class, after which they are deleted or archived. The Instructors or the Learners can download the videos within this time. We can extend the duration of the storage of the recorded videos, at any time, without any prior notice, at our own discretion.
We are not responsible for any sale, resale, or illegal usage of any of the recorded sessions.
We may use the recorded sessions to provide feedback to the Instructors.
We have the right go through the recorded videos or any other materials uploaded by the Instructors and / or Learners. We have the right to download any media created / uploaded by an Instructor or any user.
We strive to ensure clear understanding of financial relations with all the users with respect to the services we provide. This policy applies to all services and features made available through the Website and any related mobile device application (collectively, the “Services”).
The price of every course on “ABCLearnings” is determined by the Instructor. We do not govern or influence the price of any course.
In some instances, the Instructors may edit the price of the course or may offer discounted prices at their sole discretion. Sometimes, ABCLearnings may offer discounts on the courses.
Sometimes, the prices may vary when you are logged into your account from the prices displayed when you are not logged in. This is because some of the discounts / promotions from ABCLearnings or Instructors can be made available only to the new users or some of the discounts / promotions are applicable to certain users which can be viewed only after login.
The applicable price of any course will be the price at the time of your purchase / checkout.
All the
prices published on the website are exclusive of any applicable taxes.
If you are a
student located in a country where use and sales tax, goods and services tax,
or value added tax is applicable to consumer sales, we are responsible for
collecting and remitting that tax to the proper tax authorities. Depending on
your location, the applicable taxes may be added at checkout.
The currency of the price on your screen is determined based on the below factors:
Our platform supports a set of currencies, as listed in the “Currency Conversion Chart”. In either of the above 2 cases, if the currency of your country is not listed here, then you will see all the prices in USD.
The “Currency Conversion Chart” lists our supported currencies and its associated conversion rate. The rates mentioned in our “Currency Conversion Chart” are not driven or regulated by the current market rates or FOREX. These rates may be changed by us without any prior notice.
The displayed currencies on the website are driven by ABCLearnings and these currencies cannot be changed, which means ABCLearnings doesn’t support viewing the prices in any other currency.
The currency in which the instructors can create their course is also determined by the same logic, as mentioned above. We do not support changing this currency. Once the course has been published on the website, the different users will see the price in the currency determined by the above-mentioned factors.
The course price(s) are payable in the currency specified on the platform at the time of purchase. You agree to pay the fees for the course that you purchase. We work with payment service provider – “PayPal” to offer you the most convenient payment methods in your country and to keep your payment information secure.
You agree to use valid, legal, and authorized payment methods for all the purchases. If your payment method fails for any reason and you still get access to the course you are purchasing, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
In case of any charge-backs or disputes, the appropriate fees from PayPal will be borne by the course purchaser.
A default coupon code is applied to all the new users, automatically. With this coupon code, a new user receives 5 coupons, and each coupon gives 15% discount on purchased publications and online batches / group classes. The 5 coupons are applied on the first 5 purchased publications. These coupons are valid till 90 days from the date of user registration.
Purchase of each publication will consume a coupon. If a single transaction has more published courses than remaining coupons, then the remaining coupons will be applied on the courses with the least price.
This discount is not available on private / 1-on-1 online classes.
More discount coupons can be generated by the instructor and / or ABCLearnings. More details can be found in the help section of the website.
The pay-outs to the Instructors and / or the Referrers will be made to their respective PayPal accounts after deducting our service fees and any applicable currency conversion charges from PayPal. In order to transfer funds, the Instructors and the Referrers must sign up for a PayPal account and must connect their PayPal account to our website. Without connecting their PayPal account, they will not receive any payments. Under no circumstances, we will be held responsible for any such delays in the pay-outs.
The Instructor’s PayPal must accept at least the following 2 currencies:
We will make the Pay-Out to the Instructors in the local currency of the Country maintained in the Profile of the Instructor on the platform if the currency is available in our “Currency Conversion Chart”. If their local currency is not available in the “Currency Conversion Chart”, the Pay-Out will be done in USD. We may decide to make the Pay-Out in USD, at its own discretion, without any consequences to us, even if the local currency of the instructor is available in the “Currency Conversion Chart”.
Any fees with respect to currency conversion, wiring fees, or any other processing fees, if any, will be borne by the user receiving the Pay-Out.
We have the discretion to act on behalf of the Learner, and to not transfer the Fees to the Instructors, if Learner reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where an Instructor did not arrive for a Class or a Class was of insufficient quality. We will independently review such cases, seeking input from the Learner and/or the Instructor, and may decide at our sole discretion to not pay the Instructor and / or issue a refund to the Learner. All such determinations respect to a refund shall be final and binding on the Learner and the Instructor.
As an
Instructor, you will receive 65% of the course price minus any discounts
offered by you. As an illustration, if you have published a course at $100
without any discounts, then you will receive $65 on every successful purchase
of your course. If you offer a discount, let’s say 20%, then you will receive 65%
of the discounted price, which would be 65% of $80.
In cases
where ABCLearnings offer discounts, you, as an Instructor, will receive 65% of
your listed price. Any discounts offered by ABCLearnings will not have any
effect on the Instructor’s share of the revenue.
ABCLearnings can change the Instructor’s share, at its own discretion, without any consequences to us.
You may register
as a user, either as an Instructor and / a Learner or neither of them. Upon
registration, every user will receive a unique referral link in their email and
available in their profile. You may share the referral link to onboard more
users to ABCLearnings. When your referred user purchases any course, you
receive 5% of the price, purchased by the user, as a referral fee. The 5%
referral fee will be calculated on the price listed by the Instructor minus the
discounts, if any. This means that the 5% referral fee will be calculated on
the price paid by the learner excluding any taxes.
You will
receive the referral fee on every course the user purchases, whom you have
referred to ABCLearnings.
ABCLearnings can change the referral fee, at its own discretion, without any consequences to us.
The Pay-Outs
to the Referrers will be done in USD, irrespective of their registered Country.
Any fees with
respect to currency conversion, wiring fees, or any other processing fees, if
any, will be borne by the user receiving the Pay-Out.
ABCLearnings has 2 pay-out cycles, every month. The 1st pay-out cycle is on the 1st of every month and the 2nd pay-out cycle is on the 16th of every month.
The pay-outs will be done using PayPal’s service. We will not be held responsible if there are any delays in the pay-outs due to any non-compliance of the user who is supposed to receive the pay-out or due to any issues with PayPal’s services.
If your course(s) have been successfully sold from 1st of a month to 15th of the month, then your revenue share will be paid-out on the 1st of the next month. If your course(s) have been successfully sold from 16th of the month till the end of the month, then your revenue share will be paid-out on the 16th of the next month.
For the Pay-Outs to the users, including the instructors and the referrers, any conversion to USD will be done based on the rates mentioned in the “Currency Conversion Chart”
We do not withhold any taxes from the Pay-Outs. You understand and agree that you are ultimately responsible for any taxes on your income.
Our platform offers sufficient free preview to all the courses.
Every published course has a preview video and may have few of the lessons offered for free. The Group / batch class offers you to register for the first 1-hour class for free. The private 1-on-1 class offers you to have the first 30-minutes session with each of the Instructors for free.
These features will assist you to decide the compatibility of the courses with your objectives. You may purchase the course once you find the course suitable for you, based on the free previews / sessions.
ABCLearnings doesn’t offer any refunds, at this time. You may please contact our support team for any assistance.
In special situation, if we have to refund to a student due to some issue with the course, we reserve the right to deduct this amount from the subsequent payments to the instructor.
Deleting or terminating your account may have different effects or requirements depending on your role, as mentioned below. If you have multiple roles, the effects of each of the roles will be applicable to you.
In every case, once the account has been deleted, the action cannot be reversed. If you want to join ABCLearnings again, you will need to register using a different email ID. You cannot register with ABCLearnings with the same email ID which was linked to your deleted account. Once you register with a new email ID, this account will be a new account and no data can be transferred from your previous / other accounts.
Upon deletion, all your details will be safely retained by us and will not be shared with anyone unless otherwise for lawful and legal purposes.
If you are a learner / student, you may delete your account. After deleting your account, you will not be able to access any of your purchased courses.
If you are an instructor, you may delete your account and we will pay
you all your unpaid fees till the date of the termination of your account in
accordance with the terms related to “Pay-Outs to the Instructors and / or
Referrers”, as per the scheduled Pay-out dates.
You will not receive any fees or share after the date of termination of
your account.
Your published course(s) will be retained on the website. Your course(s) can be purchased and accessed by the learners and can be accessed by the learners who had previously purchased or enrolled in your published course(s).
If you have created any batch class(es) or private 1-to-1 class(es) and if anyone is registered or has an active booking (active booking refers to a class booking or purchase which is due to be conducted) to any of your classes, you will not be able to delete your account.
After all the active bookings of your private 1-to-1 classes have been conducted, you will need to delete the course. After deleting all your private 1-to-1 courses, you may delete your account.
If you are a referrer and if you want to delete your account, we will
pay you all your unpaid fees till the date of the termination of your account
in accordance with the terms related to “Pay-Outs to the Instructors and / or
Referrers”, as per the scheduled Pay-out dates.
You will not receive any referrer fees after the date of termination of
your account even if your referred user makes any purchase(s).
You have a normal account if you are neither a learner nor an instructor nor referrer. In this case, you can delete your account without any impacts or consequences.
After you have purchased a course, you get a license from us to view the content of the course using ABCLearnings platform. This license does not authorize you to resell or sub-license the content in any manner. ABCLearnings grants you a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sub-license, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement.
For Published Courses, you are not permitted to download the course
videos, although you may download any supporting documents provided by the
instructor. Downloading these videos illegally or recording them is not
permitted, sharing these videos or the supporting documents with others through
any manner is not permitted.
Your license to access the content of your purchased published courses
is for lifetime, unless we decide to revoke this access due to legal reasons.
In case of batch / group classes and private 1-to-1 classes, the online classes may be recorded. However, the instructor has the sole responsibility to decide whether you can download the recorded sessions or not. The other supporting documents shared by the instructor may be downloaded.
You are not allowed to share any content of your purchased course(s) with anybody else through any manner.
The instructors cannot grant license to users, directly, under any circumstance.
If you are found to violate these terms, we may terminate your account and / or take legal actions, without any consequences to us.
As a user, you agree that all the content uploaded by you are owned by you and there are no violations of any proprietary rights of others. Under no circumstances will we be liable in any way for any content or materials published or uploaded by you. We won’t be liable for any content published or uploaded by any user under any circumstances.
We may, but we are not required to validate or pre-screen any content before being uploaded into our platform. You agree that we have the right to reject or remove any content that doesn’t comply to any of the terms and conditions, without any notification.
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
We do not claim ownership over your content. By uploading your content on our platform, you give us worldwide, nonexclusive, perpetual, irrevocable, royalty-free license, right to sub-license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content via any channel. You allow us to reuse and share it without any form of compensation paid to you, while you keep the ownership to your content. You agree and warrant that you have all the necessary rights to authorize us to use any content that you publish or upload.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to us are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
The courses and the content are prepared and published by the instructors. You acknowledge and agree that the content may be protected by copyright or trademark or other proprietary laws. You agree not to sell, distribute, copy, frame, rent, lease, loan or anything similar, either in whole or in part. You have no access to the courses that you haven’t purchased. The courses that you have purchased, legally, must be used only for your personal learning purpose.
The name “ABCLearnings”, “AstralSolutionz” and the associated logos are trademarks of AstralSolutionz. All goodwill generated from the use of our platform or Trademarks is only for our exclusive benefit.
All right, title, and interest in and to our platform and Services, including our website, our applications, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of ABCLearnings.
You can, voluntarily, provide feedback, comments, or suggestions regarding ABCLearnings or the Services. We are free to use such information without any obligation to you or any consequences to us.
You may not or attempt to access, tamper, disable, interfere, penetrate any of non-public areas of the platform which supports the operations and behavior of the platform or access of any user or any usage of network, either directly or indirectly. You may not scrape, spider, use a robot, or use other automated means of any kind to access our Platform and Services. You may not copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the ABCLearnings platform or Services.
As an instructor, you may use our trademark only to promote and sell your created courses on our platform. You must not use our trademark in a misleading or unlawful way. By using our trademark, you understand and agree that we do not endorse or approve of your created courses.
We request all the users to respect the intellectual property of the other users.
If you feel that your intellectual property right has been violated or compromised, you should notify ABCLearnings. We will process and investigate notices of alleged infringement and will take appropriate actions under the “Copyright Act Singapore 2021” and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to us at support@abclearnings.com, with the subject line: “Copyright Infringement Claim”.
We suggest including the following information in the email:
You may send a written counter-notice if you believe that your content that has been removed or to which access has been disabled is not infringing or doesn’t violate the intellectual property right of any other user or you have the authorization from the copyright owner, directly or indirectly, to use the content as your user content.
The counter-notice can be sent to us at support@abclearnings.com with the subject line: “Counter-Notice to Copyright Infringement Claim” containing the following information:
Once the counter-notice has been received by us, we will send a copy of
the counter-notice to the original complaining user. Unless the copyright owner
informs us about an action seeking a court order against the content user, we
may enable or restore the content in 14 business days or more, after receipt of
the counter-notice, at our sole discretion.
We are not responsible to settle the infringement among the users. It is up to the users to settle the decision among them.
ABCLearnings may, in appropriate circumstances and at ABCLearnings’ own discretion, limit access to the Service / terminate the users who infringe any intellectual property rights or copyright of others, without any consequences to ABCLearnings.
Your use of the Service is at your sole risk. The Service is provided on an “As Is” and “As Available” basis. We expressly disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We do not make any representations or warranties that (a) the Service is suitable or reliable, (b) the Service will meet your objectives or requirements, (c) the Service will be uninterrupted, timely, secured, without any errors, (d) the Services or their content will be accurate or reliable.
Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you
You acknowledge and agree that any criminal background checks conducted by us, if any, on any of the Instructors or any user are solely for our own benefit. We make no representations or warranties to the conduct of the users on the website or Service.
You expressly understand and agree that there may be risks inherent to using our Services, and you agree that under no circumstances we will be held liable for any direct or indirect, incidental, punitive, special, consequential (including but not limited to loss of data, revenue, profits, goodwill, or other intangible losses, or business opportunities, or personal injury or death), or any kind of damages (even if we have been advised of the possibility of such damages), whether arising in contract, negligence, warranty, tort, strict liability, product liability, or otherwise. Under no circumstance, our liability to you or any third parties will exceed the greater of fifty Singapore dollars (S$50) or the amount you have paid us in the six (06) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you are dissatisfied with any portion of the service or within these terms and conditions, your sole and exclusive remedy is to discontinue the use of the service.
You agree that if you violate any of the terms or act unlawfully or cause any legal trouble to us or any other user, we may exercise legal actions against you. You agree to indemnify, release, and hold us (and our affiliates and the officers, employees, directors, agents, and all our representatives) harmless from any and all losses, claims, demands, damages, expenses (including any attorney fees), rights, actions of any kind and injury (including death) arising from the content you post or submit, your use of the Services or the Platform, your violation of these Terms, or your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
If you are a user located in India, your legal contract is with AstralSolutionz LLP and terms are governed by the laws of India and you consent to the exclusive jurisdiction and venue of the courts in Bengaluru, Karnataka, India.
If you are a user located in any other geographical region other than India, your legal contract is with AstralSolutionz (S) Pte Ltd, and these terms are governed by the laws of Singapore, and you consent to the exclusive jurisdiction and venue of the courts in Singapore.
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than six (6) months after the cause of action has accrued.
All notices or other communication must be given in writing and transferred electronically. You must send your emails to notices@abclearnings.com and we will send the emails to your registered email ID.
We respect the privacy of our users. For details, please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.
ABCLearnings or other users may provide links or access to other websites and resources on the Internet. You acknowledge that we don’t have any control over such websites or resources and are not 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 content, events, goods, or services available on these websites or resources.
You may enable, connect, or log in to the Service via various third-party services, such as social media and social networking services like LinkedIn, Facebook, Twitter, Instagram, any other social networking sites or any other third-party websites like PayPal or any other websites. To improve and personalize your online experience, we may ask you to authenticate, register or log into those websites. We will have access to certain information from these websites that you have provided them and may be used by us in accordance with our Privacy Policy. We have no liability or responsibility for the privacy settings or practices or any other actions of any third-party websites and services, or any manner in which the Social Media or Social Networking or third-party websites and services use, store, disclose, etc. your information. These are solely governed by the policies of these third-party websites, and we have no liability or responsibility.
In addition, we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking or other third-party Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking or other third-party Services. We do not endorse or recommend usage of any such third-party websites and services.
Any version of these Terms & Conditions, in a language other than English, is provided only for convenience. You understand and agree that the English language will control if there is any conflict.
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement.”
If there’s a dispute, our Support Team is happy to help resolve the issue.
This Dispute Resolution section applies only if you live in Singapore. If you live in Singapore, by agreeing to these Terms, you agree to resolve disputes with ABCLearnings through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
You agree that you are solely responsible for your actions and interactions with any other user in connection with the Service. We will have no liability or responsibility with respect thereto.
We reserve the right, although have no obligation, to become involved in any way as deemed necessary with disputes between you and any other user of the Service and the Platform.
If the disputes cannot be resolved amicably, you and ABCLearnings agree to resolve any claims related to these Terms & Conditions and any terms linked to these Terms & Conditions exclusively through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
The party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to ABCLearnings should be sent to the below address (“Notice Address”):
AstralSolutionz (S) Pte. Ltd.
51 Goldhill Plaza #07-10/11
Singapore 308900
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If ABCLearnings and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or ABCLearnings may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by ABCLearnings, or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or ABCLearnings is entitled.
You agree that, by entering into these Terms & Conditions, you and ABCLearnings are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. There are three main pieces of legislations, governing the arbitration in Singapore – (1) The International Arbitration Act (IAA); (2) The Arbitration Act (AA) and; (3) The Arbitration (International Investment Disputes) Act.
YOU AND ABCLEARNINGS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ABCLEARNINGS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
If a dispute cannot be resolved amicably and if the involved claim is less that S$10,000 SGD, then the dispute must be resolved exclusively through binding non-appearance-based arbitration. One of the parties electing arbitration must initiate the process by filing an arbitration demand. If your claim exceeds S$10,000 SGD, the right to a hearing will be determined by the AA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
You and ABCLearnings agree that the following rules will be applied:
With respect to any disputes or claims not subject to arbitration, as set forth above, you and ABCLearnings agree to submit to the personal and exclusive jurisdiction of the courts located within Singapore. If any provision of these Terms & Conditions is found by a court of competent jurisdiction or the Arbitrator to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms & Conditions remain in full force and effect.
The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
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 Service, or these Terms & Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms & Conditions without the prior written consent of ABCLearnings, but ABCLearnings may assign or transfer these Terms of Service, in whole or in part, without restriction.
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is S$10,000 or less, at your request, ABCLearnings will pay all Arbitration Fees. If the value of relief sought is more than $10,000, you agree to pay your share as decided by the Arbitrator. Any payment of attorneys’ fees will be governed by the AA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Notwithstanding any provision in these Terms & Conditions to the contrary, ABCLearnings agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending ABCLearnings written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
Please contact us at support@abclearnings.com to report any violations of these Terms & Conditions or to pose any questions regarding these Terms & Conditions or the Service.
We’d love to hear your questions, concerns, and feedback about our Services.
We thank you for being a part of ABCLearnings !
