APLUS America | Adaptive Learning

TERMS OF USE

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF USE. Your access to and use of the Site is conditional upon your acceptance of the Terms of Use (“TOU”). We reserve the right to revise, amend and update the TOU at any time effective on the date of posting to the Site and/or email notification of the new and amended provisions.

2. DESCRIPTION OF SERVICES. APLUS America (hereafter called “A+”) provides students with an interactive teaching, testing and revision program to help students learn Math, English, Physics, Chemistry and Biology (“hereafter collectively called “Services”). Unless explicitly stated otherwise any new subject or new releases of the Services shall be subject to the TOU. You understand and agree that the Service is provided "as-is" and that A+ will provide you with access only to the Subjects for which you are subscribed. A+ does not warrant that Services will be uninterrupted or error-fee. In order to use the Service, the User is required to use a device with internet access. For best user experience A+ recommends that the User users device with a 7inch or larger screen.

More information about the Math Doctor Assessment and accuracy of results: Math Doctor uses artificial intelligence to quickly assess the Users understanding across multiple grades of the Curriculum from K-10. More specifically Math Doctor is designed to analyze the users understanding of their current School Grade level and up to 3 grades prior. Based on the answer given for each question, artificial intelligence is used to determine the next sequence of questions and the Users understanding of the topic. Class studies and individual tests have been conducted on Students to validate the accuracy of the Assessment logic. The results of Math Doctor Assessment have been used and analyzed by Schools, Teachers and educators worldwide. It has been reported that the assessment provides educators, teachers, parents and students with an accurate reflection of the Users understanding of a Curriculum.

The Assessment is a powerful diagnostic tool, but A+ does not guarantee or claim that the Math Doctor results are 100% accurate and results should be used as a guide only. For increased accuracy, Users should follow the instructions provided when completed Math Doctor.

3. PURCHASER DATA (includes registrant details and any electronic information stored in the Services database). a. at the time of registering you agree to accurately and completely provide all the details requested in the registration process and you agree to maintain your registration details so as to keep the required details current. b. the Parent / Guardian and Student is solely responsible for the content and accuracy of the Parent / Guardian and Student Data. c. A+ agrees to take commercially reasonable technical and organizational measures to keep personal data secure and to protect it against accidental loss or unlawful destruction, alteration, disclosure or access; and, must deal with the information only in accordance with Purchaser’s instructions, provided they are reasonable and lawful. d. The Parent / Guardian and Student acknowledges and agrees that if the Parent / Guardian or the Student wishes to retain any of the data, including any reports produced by the Services, it is their sole responsibility to do so and they may do so by printing that data, report or lesson plan.

4. PAYMENTS. When you successfully complete the registration process and commence your A+ subscription you give consent to A+ to charge you the fee associated with the subscription package (either monthly, or yearly) you chose when registering. Your first payment will be deducted on the joining date or otherwise specified when registering. You agree we are authorized to automatically renew your subscription in accordance with the subscription package you have chosen. Please note that prices and charges are subject to change with notice. You further agree that we are authorized to charge you the subscription fee at the then current rate to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). For clarification: a. if you have chosen the monthly option for your subscription, you will be charged for your first month on the joining date or otherwise specified when subscribing to the programs. You will then continue to be charged monthly the then current rate on the same date of each month until you cancel your subscription. Note: In the event your monthly membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on March 31, your Payment Method would next be billed on April 30. b. if you have chosen the yearly option for your subscription you will be charged for your first year on the joining date or otherwise specified when subscribing to the programs. You will then continue to be charged annually on the corresponding date each year, until you cancel your subscription. Note: In the event your annual membership began on February 29 you will be charged on February 28 on non-leap years.

5. CANCELLING YOUR ACCOUNT. You may Cancel your account at any time by calling our office on 1800 867 1261 or by sending an email from the email address linked to the account to accounts@aplusamerica.com If sending your request by email we require you to provide the following details: Name the account is registered under, your Username and your request to cancel. Upon receiving your request we will send an email to the registered email to confirm that the request has been processed. Please allow up to 48hrs. Please note that cancellation will take effect at your next schedule payment cycle and all payments made up until the time of cancelling your account are non-refundable. For clarification, we do not provide refunds or credits for any partially used membership periods. For example: a. If you have the chosen the monthly option and your next payment is due in 7 days on the 20th of the month and you send in your request to cancel and receive confirmation that we have received your request then you will not be required to make a payment on the 20th of the month and your access will terminate on the 20th of the month. b. If you have the chosen the yearly option and your next payment is due in 7 months and you send in your request to cancel and receive confirmation that we have received your request then you will not be required to make any further payments and you will continue to have access to the programs for the remaining 7 months. You are not entitled to a refund by requesting an early cancellation of your account.

6. MODIFICATION TO SERVICE. A+ reserves the right to at any time modify, cancel or temporarily discontinue the Services (or any part thereof). In the event of permanent discontinuance of the Service in full, liability is limited to the subscription fee, pro-rated to the amount of time remaining on the subscription.

7. TERMINATION. Without prior notice to you and in its absolute discretion, A+ reserves the right to: a. vary or discontinue the website /Services or any page of the Website / Services at any time; and b. terminate your access to part or all of the Services / Website at any time. In the event we terminate your access in full, liability is limited to the subscription fee, pro-rated to the amount of time remaining on the subscription; c. terminate immediately your access to the Website / Services if you, your business or any of your employees or agents: i. operate or are involved with any illegal activities; ii. misuse the Services or the Website in any manner, as determined by us acting reasonably; iii. provide your ID and password to persons that are not subscribed to the Services in order for them to access the Services using your account; or iv. fail to pay an amount currently owing to us in respect of the provision of the Services.

The subscription fee paid by you is not refundable in the event of termination of your access for any of the reasons set out above in 2c. We are not liable to you for any loss, damage, cost or expense you may suffer if we exercise any of these rights.

8. GOVERNING LAW. These Terms will be governed by and construed in accordance with the courts of California, USA. You submit to the non-exclusive jurisdiction of the courts of California, USA.

9. SEVERENCE OF CLAUSES. If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.

10. COPYRIGHT IN WEBSITE MATERIAL. With the exception of your personal data, all of the material on and in relation to the Website and the Services is and remains our property at all times. You are not permitted to copy, reproduce, modify, transmit, post or distribute, whether electronically or otherwise, any material from the Website or the Programs except for your own private use. Any other use of the Website material or Programs constitutes a breach of our copyright and other proprietary rights.

11. INTELLECTUAL PROPERTY. We are the owner or authorized user of all intellectual property in and associated with the Website and the Services and any improvements and modifications thereto. We are also the owner or authorized user of the trademarks, logos, names and designs, whether registered or unregistered, in and associated with the Website and the Services. Nothing contained in these Terms or the Website should be construed as giving you any right or title to any of the intellectual property, trademarks, logos, names or designs, whether registered or unregistered, associated with the Website, the Services and A+.

A+ grants only Registered Students the rights to use the Services “as is” for the sole purpose of the Registered Student learning or revising Math and / or English and / or Physics and / or Chemistry and / or Biology.

12. INFORMATION AND MATERIALS YOU SEND TO US. If you provide us with any ideas, suggestions, information or other material in relation to us or our Services / Website, you agree that we may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our Privacy Policy.

13. DISCLAIMER. The Website / Services are provided to you by us ‘as is’. To the fullest extent permitted by law, we exclude any and all warranties (whether express or implied) relating to the Website and Services including, but not limited to, warranties concerning: a. the Website / Services meeting your particular interests and requirements; b. the material on the Website / Services being accurate, complete or reliable; c. the Services / Website and the server being available and free of defects; d. the Services / Website and the server being free of technical problems or viruses; and e. the confidentiality of information transmitted to or from the Website / Services.

14. INDEMNITY. You indemnify us, our related bodies corporate, associated entities, officers and employees against any and all loss, damage, demand, cost or expense claimed by a third party as a result of or in connection with your use of or conduct on the Website / Services.

15. RESTRICTED USE. You are solely responsible for any material you post or transmit to the Services and Website. You must not use this Services / Website to post or transmit: a. any information or materials which breach any laws or regulations, infringe a third party's rights, or are contrary to any relevant standards or codes; or b. any unlawful, threatening, defamatory, obscene, indecent, inflammatory or pornographic material or material that could give rise to civil or criminal proceedings. We reserve the right in our absolute discretion and without any liability to you whatsoever to remove any material from the Website / Services posted or transmitted by you that is, in our sole opinions, in breach of these Terms.

16. SAFEGUARDING YOUR INFORMATION. We take the privacy of your information seriously and we take all reasonable steps to ensure that the information remains confidential from other users of the Website / Services and third parties. We have security in place to protect your personal and confidential information over the Internet. However, we are not liable for any direct or indirect loss, damage, cost or expense, however or wherever incurred, resulting from the loss of confidentiality of any information. For more details please refer to our Privacy Policy.

17. COMMUNICATION FROM APLUS AMERICA. You give permission to A+ to email you reports generated by the Services. You also give permission to A+ to contact you using the contact details you have provided when subscribing or otherwise, for the purpose of discussing each Users progress or providing you information relating to other Products or Services offered by A+.

18. LIMITATION OF LIABILITY. SUBJECT TO ANY PROVISIONS OF FEDERAL OR STATE LAW THAT CANNOT BE EXCLUDED. A+ SHALL NOT BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF A+ HAS BEEN INFORMED OF THIS POSSIBILITY. THE PARENT / GUARDIAN ASSUMES ALL RESPONSIBILITY FOR THE USE AND RESULTS OF THE SERVICE. A+’s TOTAL LIABILITY FOR ANY DIRECT LOSS, COST, CLAIM OR DAMAGES OF ANY KIND RELATED TO THE AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID OR PAYABLE BY THE PARENT / GUARDIAN TO A+ UNDER THIS AGREEMENT, COST, CLAIM OR DAMAGES. THIS LIMITATION ON LIABILITY WAS AND IS AN EXPRESS PART OF THE BARGAIN BETWEEN A+ AND THE PARENT / GUARDIAN AND STUDENT AND WAS A CONTROLLING FACTOR IN THE SETTING OF THE SERVICE PRICE AND ANY FEES PAYABLE TO A+. HOWEVER, THERE IS NO LIMITATION ON DIRECT LOSS, CLAIM OR DAMAGES ARISING AS A RESULT OF AN INFRINGEMENT OF A+’s INTELLECTUAL PROPERTY RIGHTS, OR A BREACH OF THE CONDITIONS OF USE SET OUT ABOVE OR IN CONNECTION WITH A PARTY’S INDEMNIFICATION OBLIGATIONS AS ARE SPECIFICALLY SET OUT IN THIS AGREEMENT.

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