Terms of Services
Effective Date : January 08, 2020
Welcome to the Akadasia community.
Akadasia Pte Ltd (“Akadasia”, ”us”, “we”, or “our”) operates the Freejoo website and learning management platform (https://www.freejoo.com, “Freejoo”). We also provide training, upskilling, and digital transformation services for users, including but not limited to teachers, faculty, staff, schools, universities, and other learning departments or institutions. (Collectively, for both platform and services, hereinafter referred to as the “Service”.)
Please read this document prior to using any portion of the Service, including but not limited to the Freejoo website & learning management platform or white-label equivalent, or submitting a request to be listed as an organization that provides services to others who are interested in running, hosting, operating or otherwise supporting and deploying the Service. This Terms of Service, and any applicable policies and guidelines that the Service makes available and/or updates from time to time are agreements (collectively, the “Terms”) between you and Akadasia. These Terms are executed by you, the User, and Akadasia. By using the Service, you accept and agree to be legally bound by the Terms. If you are using the Service or requesting to be listed as service provider on behalf of a company, organization or other legal entity to use the Service, you are agreeing to these Terms for that entity and representing and warranting to Akadasia that you have full authority to accept and agree to these Terms for such entity, in which case the terms “you,” “your”, the “Client” or related terms herein shall refer to such entity on whose behalf you are requesting use of the Service. If you do not have such authority or if you do not understand or do not wish to be bound by the Terms, you should not use the Service or request to be a service provider for the Service.
Compliance and Rules of Conduct
You agree that you are responsible for your own use of the Freejoo Site and for your “User Postings.” “User Postings” means all content submitted, posted, published, or distributed on the Freejoo Site by you or other users of the Freejoo Site, including but not limited to all forum posts. You agree to comply with the Freejoo terms and all applicable laws, regulations, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, copyright, and local laws).
As a condition of using the Freejoo Site or as a Freejoo service provider, you agree that you will not use the Freejoo Site in any manner intended to damage, disable, overburden, or impair any Freejoo server or the network(s) connected to any Freejoo server or to interfere with any other party’s use and enjoyment of the Freejoo Site. You may not attempt to gain unauthorized access to the Freejoo Site, other accounts, computer systems, or networks connected to any Freejoo server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Freejoo Site, its servers, or associated computers through any means not intentionally made available through the Freejoo Site.
Strictly Prohibited Items
You will not use the Freejoo Site or listing as an Freejoo service provider to encourage or promote illegal activity or violation of third party rights. You will not use the Freejoo Site or request to be listed as an Freejoo service provider with the intent of misleading others or to promote any intentionally inaccurate information. You will not violate any other terms of service with Akadasia. You will not misrepresent or mask your identity in connection with use of the Freejoo Site or listing as an Freejoo service provider.
IN ADDITION, THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE FREEJOO SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another’s intellectual property, including but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation (except only as Freejoo may permit specifically in connection with the Freejoo or Akadasia marketplace);
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another’s computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
You acknowledge and agree that all content on the Freejoo Site contains valuable intellectual property of Freejoo. The Freejoo Site is protected by Singapore and foreign copyright, trademark, and other laws. All rights in the Freejoo Site, if not expressly granted, are reserved. By using the Freejoo Site or requesting to be listed, and actually being listed, as a service provider on the Freejoo Site, you do not acquire ownership of any rights in the Freejoo Site. You must not claim or attempt to claim ownership in the Freejoo Site or misrepresent yourself or your company as being the source of any content on the Freejoo Site. You may not modify, create derivative works of, or attempt to use, license, or in any way exploit the Freejoo Site in whole or in part on your own behalf or on behalf of any third party.
All names, logos and seals (“Trademarks”) that appear on the Freejoo Site are the property of their respective owners. With respect to Freejoo and Akadasia Trademarks, including without limitation the Freejoo name, mark and logo, you must adhere to the Trademark Policy at www.akadasia.com. You may not remove, alter, or obscure any copyright, Trademark, or other proprietary rights notices that appear on the Freejoo Site. Furthermore, you agree not to scrape, or otherwise download in bulk, any Freejoo Site content.
User Postings Representations and Warranties: By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize Freejoo and Akadasia to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not Freejoo nor Akadasia, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to Freejoo and Akadasia: By submitting or distributing your User Postings, you hereby grant to Freejoo and Akadasia a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, redistribute, relicense, and otherwise use, make available, and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
Freejoo and Akadasia reserves the right to modify the Terms at any time without advance notice. Any changes to the Terms will be effective immediately upon posting on this page, with an updated effective date. By continuing to use the Freejoo Site or by continuing your organization’s listing as a service provider on the Freejoo Site after any changes have been made, you signify your agreement on a prospective basis to the modified Terms and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms.
In the event that Freejoo or Akadasia provides you with access to information specific to Freejoo or Akadasia that is either marked as “Confidential” or which a reasonable person would assume to be confidential or proprietary given the terms of its disclosure (“Confidential Information”), you agree to use this information only for the purpose specified. You may not disclose the Confidential Information to anyone without Freejoo’s or Akadasia’s prior written consent, and you agree to protect the Confidential Information from unauthorized use and disclosure in the same way that you would protect your own confidential information. Confidential Information does not include information that you independently developed, that was rightfully given to you by a third party without any confidentiality obligation, or that becomes public through no fault of your own. You may disclose Confidential Information when compelled to do so by law if you provide Freejoo and Akadasia with reasonable prior notice, unless a court orders that Freejoo or Akadasia not receive notice.
Disclaimer of Warranty / Limitation of Liabilities
THE FREEJOO SITE AND ANY INFORMATION, CONTENT, AND ANY SERVICES MADE AVAILABLE ON OR THROUGH THE FREEJOO SITE, INCLUDING, WITHOUT LIMITATION, YOUR ORGANIZATION’S LISTING AS A SERVICE PROVIDER ON FREEJOO OR AKADASIA ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
AKADASIA DOES NOT WARRANT THAT THE FREEJOO SITE OR YOUR ORGANIZATION’S LISTING ON THE FREEJOO SITE WILL OPERATE AND BE MADE AVAILABLE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE FREEJOO WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE CONTENT PROVIDED ON THE FREEJOO SITE OR LISTING OF YOUR ORGANIZATION ON THE FREEJOO OR AKADASIA SITE WILL MEET YOUR NEEDS OR EXPECTATIONS. AKADASIA ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE CONTENT INCLUDED ON THE FREEJOO SITE, OR THAT ANY PARTICULAR CONTENT, INCLUDING, WITHOUT LIMITATION, LISTING OF FREEJOO SERVICE PROVIDERS WILL CONTINUE TO BE MADE AVAILABLE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT AKADASIA WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE TERMS, YOUR USE OF THE FREEJOO SITE OR YOUR ORGANIZATION’S LISTING AS A SERVICE PROVIDER ON THE FREEJOO OR AKADASIA SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AKADASIA WILL NOT HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT AKADASIA HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, OR LOSS OF PROFITS).
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
To the maximum extent permitted by applicable law, you agree to defend, hold harmless and indemnify Akadasia, and its respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Freejoo Site or listing as a service provider on the Freejoo or Akadasia Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Akadasia will provide you with written notice of such claim, action, or demand.
General Legal Terms
The Terms constitute the entire agreement between you and Akadasia with respect to your use of the Freejoo Site or listing as a service provider on the Freejoo or Akadasia Site. The failure of Akadasia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction 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 the Terms shall remain in full force and effect. The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. For any notice provided to you by Akadasia under the Terms, Akadasia may notify you via the email address associated with your use of the Freejoo Site or request to be listed as an Freejoo service provider.
You agree that the Terms and any claim or dispute arising out of or relating to the Terms will be governed by the laws of the Republic of Singapore, excluding its conflicts of law provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the Singapore. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). Notwithstanding the foregoing, you agree that Akadasia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You agree that Akadasia, in its sole discretion and at any time, may terminate your use of the Freejoo Site or remove your organization from the list of service providers on the Freejoo or Akadasia Site for any reason or no reason, without prior notice or liability.
Akadasia reserves the right at any time in its sole discretion to make changes to the Freejoo Site, and you agree that Akadasia will not have any liability to you for such an action.
Upon any termination of the Terms, termination of your use of the Freejoo Site or removal of your organization from the list of service providers on the Freejoo or Akadasia Site for any reason, all provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your use of the Freejoo Site or listing as a service provider on the Freejoo or Akadasia Site shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Akadasia, including without limitation any indemnification obligations contained herein.
Additional Terms Relating to the Freejoo and/or Akadasia Marketplace
Request for Listing: To request being listed as an Freejoo service provider, you must submit your request through the form provided on the Freejoo or Akadasia Site along with any information as may be requested by Akadasia. All listing information that you provide to Akadasia must be accurate and up to date, and you agree to inform us promptly of any changes. Akadasia shall have the sole right to determine whether or not to list your organization as a service provider on the Freejoo or Akadasia Site, and Akadasia reserves the right to revoke your listing at any time, in its sole discretion. You acknowledge and agree that Akadasia makes no minimum revenue guarantee or warranty and that by including your organization as a listed service provider on the Freejoo or Akadasia Site, Akadasia is not making any representations or warranties regarding the quality of services offered by you.
Right to Charge: Listing as a service provider on the Freejoo or Akadasia Site may be provided free of charge, but Akadasia reserves the right to charge fees at any time with advance notice for continued or future listing on the Freejoo or Akadasia Site.
Ownership: To the extent that you submit any content or assets to Akadasia in connection with your request to be listed as a service provider on the Freejoo or Akadasia Site (including, without limitation, your organization’s name and logos), you hereby grant to Akadasia a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free right and license to display and otherwise use such content and assets in connection with listing your organization as a Freejoo service provider. In the event that Akadasia posts your listing, you acknowledge and agree that in connection with your listing on the Freejoo or Akadasia Site, Akadasia reserves the right to adapt, modify and otherwise make changes to any content or assets submitted to Akadasia in connection with your request to be listed as a service provider on the Freejoo or Akadasia Site. If your listing on the Freejoo or Akadasia Site is unacceptable to you, you should request that your organization be removed from the Freejoo or Akadasia Site by contacting us by email at email@example.com.
Permissible Use: In the event that Akadasia posts your listing, you agree to use the listing solely for the purpose of promoting services that are relevant to Freejoo Operators. Any advertising or form of commercial solicitation unrelated to Freejoo Operators is strictly prohibited. Akadasia may monitor your use of the listing for compliance with the Terms and may remove your listing if you attempt to go around or exceed the requirements and limitations set by Akadasia. Your listing must not prompt your end users to provide their Freejoo username, password or other Freejoo user credentials anywhere other than on the Freejoo site at https://www.freejoo.com.
Termination: Akadasia may update or modify our criteria for eligibility for being listed as an Freejoo service provider from time to time without advance notice. These changes may affect your organization’s listing on the Freejoo or Akadasia Site. If we make a change to our Terms that is unacceptable to you, you should request that your organization be removed from the Freejoo or Akadasia Site by contacting us by email at firstname.lastname@example.org. Continued listing of your organization without requesting to be removed from the Freejoo or Akadasia Site means you accept the change. You may also request to be removed from the list of Freejoo service providers at any time by contacting us by email at email@example.com.