TERMS OF SERVICE

Effective date: 22nd August 2022

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Thanks for using the pangaea service. Here are some rules you need to agree to before you use our websites, mobile app, and services. When we use the word “Services,” we mean the pangaeaedu.com website as well as all the websites, products, services and applications made available by pangaea that support the pangaea product. If you have any questions, comments, or concerns regarding these Terms or the Services, please contact us at legal@pangaeaedu.com or write to us at 138 Cecil Street, #13-02 Cecil Court, Singapore (069538)

This is a contract, right?

Yes. These Terms of Service (the “Terms”) are a binding contract between you and NDXCO PTE. LTD. (“pangaea”, “we” or “us”). Use of the Services means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

Our Services sometimes change to keep up with the dynamic needs of learners. If they do change, we will do our best to tell you in advance by placing a notification on the pangaeaedu.com website, or we might send you an email. In certain situations (for example, where a change to the Terms is necessary to comply with legal requirements), we may not be able to give you advance notice. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

For the current pangaea Privacy Policy, please click here.

Minors

If you are a student under 18, you are only permitted to use the Services if your parent or guardian has provided consent for your use of the Services. Please do not use the Services or provide any personal information to us unless your parent or guardian, as well as your school, school district, or teacher, consent for your use of the Services. If we learn we have collected personal information from a person under the age of 18 without parental consent, we will delete the applicable personal information promptly. If you believe that a person under 18 may have provided us with personal information in violation of this paragraph, please contact us at info@pangaeaedu.com.

If you are a teacher, use of the Services means that you represent and warrant that you have permission and authorization from your school and/or district to use the Services as part of your curriculum.

What are the basics of using pangaea?

Your school or teacher will be providing an account for your use, though you will still need to activate it by using your school email address as your pangaea User ID. You will also need to create a password for your use. You promise to provide us with accurate, complete, and updated registration information about yourself. You cannot select for your pangaea User ID a name that you do not have the rights to use or another person’s name with the intent to impersonate that person, nor can you select an pangaea Subdomain name that you don’t have the right to use. In certain situations, your pangaea User ID may be selected for you by your school or district; the same rules apply to them when they select an pangaea User ID for you. You may not transfer your account to anyone else without our prior written permission.

If you are agreeing to these Terms on behalf of an organization or entity (for example, if you’re an administrator agreeing to these Terms on behalf of your district), you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms.

You promise to only use the Services for your personal or educational use, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services.

Also, your use of the Services is subject to our Acceptable Use Policy. A violation of the Acceptable Use Policy will be grounds for termination of your right to use or access the Services.

Intellectual property

Who is responsible for what I see and do on the Services?

For any information or Content publicly posted or privately transmitted through the Services, we are not liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We endeavor to remove inappropriate materials from Content but cannot guarantee that it is free of such materials or that any Content is error-free. Please let us know if you find inappropriate or offensive information in our Content and we will do our best to remedy the situation.

We take steps to ensure that the users of the Services are real people, but also cannot guarantee the identity of any users with whom you interact in using the Services and we are not responsible for which users gain access to the Services. Students are permitted to access the Services only within their class or group (“Limited Access Groups”) and with valid Access Codes; we require teachers, schools, and districts to guard their Access Codes to be provided to students with the appropriate confidentiality, as described in the Acceptable Use Policy; we enable teachers with moderation tools for monitoring Content within Limited Access Groups; and student accounts are not enabled to “browse” groups to join (a student is only permitted to view and join a group he or she has been given an Access Code to).

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third party websites or services that are not owned, operated, or controlled by pangaea. When you access third party websites or use third party services (including, without limitation, your use of Publisher Software (defined below)), you accept that there are risks in doing so and that pangaea is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

pangaea has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, pangaea will not and cannot monitor, verify, censor or edit the content of any third party site or service (including without limitation the Publisher Software). By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties (including without limitation Publishers). You agree that pangaea shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on the pangaea website or Service, or between users and any third party, you agree that pangaea is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release pangaea, its officers, employees, agents, contractors and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Will pangaea ever change the Services?

pangaea is a dynamic learning tool, so the Services will change over time. We may, at any time, change, suspend, or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We will try to give you notice when we make a material change to the Services that would adversely affect you, but this is not always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.

Does pangaea cost anything?

If your school or district requires that you use the Services, they may advise you whether any fees from them are involved; usually, the school, district or organizational entity requiring your use of pangaea is responsible for paying any fees associated with use of the pangaea Services.

Third-Party Content.

Depending on the type of user account you have registered for, you may be able to download or use content from third-party publishers (“Third-Party Content”), which can be incorporated into your pangaea experience.

Although you can download and access Third-Party Content through the Services, please note that the Third-Party Content is being provided by a third party (a “Publisher”) and not by pangaea, so we do not have any control over or responsibility for the content, safety, privacy, or security of any Third Party Content, third party application, service or website. In addition to these Terms with respect to Third Party Content, your download or use of Third-Party Content is governed by the terms of any agreement between you and the applicable Publisher offering such Third-Party Content, where applicable. pangaea prohibits Publishers from collecting or using any information beyond what pangaea itself collects and uses pursuant to its Privacy Policy, but this does not mean we are responsible for reviewing or verifying the accuracy of any Publisher’s data collection or use policies. In cases where Publisher’s Third-Party Content collects user data, each Publisher should have its own data collection and use policies (separate from pangaea’s own Privacy Policy), so please review those carefully as well before you opt to use any Third-Party Content.

Use of Third-Party Content

Third-Party Content is curated by pangaea. In some cases, Third-Party Content is provided by pangaea and in other cases Third-Party Content is provided by others. In some cases, Third-Party Content may have certain restrictions on your use of the Third-Party Content in addition to these Terms. In the event any Third-Party Content is governed by any such additional terms, such terms will be stated in the listing for the applicable Third-Party Content, and you must abide by all such additional terms and restrictions. In addition to any terms or restrictions imposed by the Publisher, pangaea requires you to: (i) use the Third-Party Content only for your non-commercial, educational use; (ii) only distribute the Third-Party Content to students who are currently enrolled in courses you teach; (iii) not transfer the Third-Party Content to any other teacher or administrator without the permission of the Publisher; and (iv) use reasonable efforts to ensure that students in your classes don’t use the Third-Party Content for anything other than their own non-commercial, educational use. Any other applicable restrictions set forth in these Terms also apply to your use of the Third-Party Content.

pangaea cannot guarantee, and is not responsible in any manner for, the quality or accuracy of the Third-Party Content or the listing for the Third-Party Content. For clarity, the disclaimers and limitations on pangaea’s responsibility and liability for products or services offered by a Publisher that are described in the Terms of Service apply to Third-Party Content and your interactions with Publishers. With regard to Third-Party Content, you may only contact a Publisher if the Publisher has provided contact information in their listing of the Third-Party Content. pangaea unfortunately can’t control a Publisher’s responses to you, and pangaea is not responsible if a Publisher doesn’t communicate with you in a manner that meets your expectations.

Where the Services allow for reviews of Third-Party Content, anyone who has accessed a Third-Party Content item is eligible to post a review and rate that item. If you submit a review, you cannot submit any content that violates the Acceptable Use Policy, and you are also prohibited from submitting anything that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” pangaea reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. If you do post a review, you grant pangaea a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media, and you grant pangaea and any sublicensee of pangaea the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that the content is accurate. pangaea takes no responsibility and assumes no liability for any content posted by you or any third party.

Publishers

Where the Services allow you to publish Third-Party Content, published Third-Party Content is subject to pangaea’s approval. Your Third-Party Content may be rejected or removed from the Service at any time, in pangaea’s sole discretion, including, but not limited to, if it fails to meet pangaea’s standards of educational quality or if it contains inappropriate material or your conduct is inconsistent with these Terms. Third-Party Content must be provided in one of the file formats accepted at the time of upload (which may be subject to change without notice). Each item of Third-Party Content made available on the Service must be contained completely within the download offered, and no part of such Third-Party Content may be delivered separately or require payment or any additional purchase, including without limitation, through sites or services not offered by or via pangaea.

pangaea will allow for the download of the Third-Party Content you make available on the Service and does not place any restrictions on use of the Third-Party Content except to the limited extent set forth in these Terms. If you wish to bind users to any additional license terms, we may provide you with the option explicitly to state such terms in the listing for the applicable Third-Party Content, provided such terms must be no less protective of pangaea than those herein, must afford users at least the rights described below, and must not be inconsistent with these Terms of Service. For the sake of clarity, any such license must allow a user who downloads the Third-Party Content to use and exploit the Third-Party Content in connection with any class, course, or lessons taught by that user. All Third-Party Content licenses must also be non-exclusive, perpetual, irrevocable, and royalty-free. You understand that while these Terms place certain restrictions on pangaea users’ use of the Third-Party Content, neither such users nor pangaea can control students’ use of the Third-Party Content, nor can pangaea control pangaea users’ use of the Third-Party Content.

You are not a third-party beneficiary of pangaea’s Terms of Service that are applicable to users of Third-Party Content, and you have no right to enforce these terms or to require pangaea to enforce such terms. You acknowledge that you have read these Terms and understand the rights and obligations such terms place on each pangaea user in connection with your Third-Party Content. You understand that if you do not place any additional license restrictions on your Third-Party Content, the only restrictions on the use of your Third-Party Content by pangaea users are those set forth in pangaea’s Terms of Service, which, for clarity, may only be enforced by pangaea. Furthermore, by uploading your Third-Party Content, you hereby grant pangaea a worldwide, non-exclusive, sublicensable, perpetual, royalty-free, fully paid-up, transferable right and license to: (i) post your Third-Party Content on the Service; (ii) use your applicable trademarks and logos in connection with the distribution and of the Third-Party Content; (iii) translate or re-format your Third-Party Content, or edit the listing description for such Third-Party Content, as pangaea deems it necessary; and (iv) to use your Third-Party Content on other services provided by pangaea.

By posting, uploading, inputting, providing or submitting your Third-Party Content, you represent and warrant that: (i) you have the legal right and authority to do so; (ii) the Third-Party Content does not infringe, violate, or misappropriate any law, statute, ordinance or regulation or rights of any third party, including intellectual property rights; (iii) the Third-Party Content does not contain a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program; (iv) nothing in the Third-Party Content, nor pangaea’s offering thereof, will require payment of any kind to a third party; (v) you will not engage in any activity in connection with the Service, including the development or distribution of any Third-Party Content, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of pangaea or any third party; (vi) you will not engage in any activity that is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (vii) you will not engage in any activity that is designed to increase artificially the reviews or ratings of your Third-Party Content, including, but not limited to, submitting reviews for your own Third-Party Content, asking users to write favorable reviews, or using automated means to generate reviews and ratings for your Third-Party Content; (viii) you agree that you are solely responsible for (and that pangaea has no responsibility to you or to any third party for) any Third-Party Content you distribute through the Services and for the consequences of your actions (including any loss or damage which pangaea may suffer) by doing so.

What if I want to stop using pangaea?

You are free to do so at any time; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services.

pangaea is also free to terminate (or suspend access to) your use of the Services or your account, for any reason, including your breach of these Terms. pangaea has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important documents you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, or would not be in the interest of someone’s safety or security to do so.

If you have deleted your account by mistake, contact us immediately at pangaea [info@pangaeaedu.com – we will try to help but we cannot guarantee that we will be able to recover or restore your deleted items.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

I use one of the pangaea apps available via the Apple or android app store – should I know anything about that?

These Terms apply to your use of all the Services, including the iPhone and iPad applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), or android versions, but additional terms also apply and they would be provided in the mobile app signup process.

Other legal terms.