TERMS OF USE

Nanyang Polytechnic, Ngee Ann Polytechnic, Republic Polytechnic, Singapore Polytechnic, Temasek Polytechnic and Institute of Technical Education (collectively known as the “POLITE”, “we”, “our” or “us”) own and maintain https://politemall.polite.edu.sg/ (the “Digital Service”) as a service to our students, staff and members of the public. We invite you to visit this Digital Service often and to browse through our pages. You may also download and copy materials for your personal or educational, non-commercial use, but please do note the Terms of Use as stated below.

These Terms of Use are agreed to and accepted by and shall bind you. By accessing and using the service on this Digital Service, namely, the POLITEMall LMS (the “Service”), you (or, if you are a parent/guardian of a child under age eighteen (18) using this Digital Service, your child) shall be deemed to have accepted to be legally bound by these Terms of Use and our Privacy Statement, incorporated herein by reference. If you do not agree to these Terms of Use, please do not use the Service. If you are the parent/guardian of a child under age eighteen (18) using the Service and you do not agree to these Terms of Use, please do not allow your child/ward to access or use the Service. Any continued use of the Service at any time will imply that you have accepted these Terms of Use.

Intellectual Property

POLITE reserves all intellectual property rights to the Digital Service and all content on it, including without limitation international copyright and trade mark rights. All intellectual property rights in other names, products, marks and materials on the Digital Service belong to their respective owners. For the avoidance of doubt, the provision of the Service shall not be taken to be an assignment or licence to the user of any intellectual property rights contained on the Digital Service and any content on it. Except as expressly allowed under these Terms of Use, no materials provided through this digital service, including text, graphics, code and/or software may be reproduced, distributed, published, uploaded, posted, transmitted or hyperlinked in any manner and in any form without the express, prior written approval of POLITE and the other respective intellectual property rights holders.

General Use of the Digital Service and Risks of Internet Use

You may use the Digital Service only for lawful purposes and in accordance with these Terms of Use.

Although the Digital Service is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Digital Service are available to all persons or in all geographic locations. POLITE reserves the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Digital Service is void where prohibited. If you choose to access the Digital Service from outside of Singapore, you do so at your own initiative and you are solely responsible for complying with applicable local laws.

POLITE cannot and does not guarantee or warrant that files available for downloading from the Digital Service will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Digital Service for the reconstruction of any lost data.

You assume total responsibility and risk for your use of the Digital Service. You acknowledge and agree that any uploads or transmissions you make may be intercepted and used by an unauthorised third party and that all of the risk associated therewith is solely your own. For avoidance of doubt, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Digital Service or to your downloading of any material posted on the Digital Service.

Links to Third-Party Digital Services

This Digital Service contains links to third-party digital services. These links are provided only for your convenience. As these digital services are not under our control, we are not responsible nor liable for any content or material on or available from such digital services. The inclusion of such links on the Digital Service does not imply POLITE’s implicit or explicit endorsement of the linked digital services. We strongly encourage you to consult the privacy policy and terms of use of these third-party digital services when using them and to conduct the necessary investigations before proceeding with any online or offline transaction with any third parties on these digital services.

Linking to the Digital Service and Social Media Features

You may provide a link to this Digital Service from an external digital service owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association with or approval or endorsement of the external digital service by POLITE without our express written consent.

The Digital Service may provide certain social media features or functions that enable you to:

A. link from your own or certain third-party digital services to certain content on the Digital Service;

B. send e-mails or other communications with certain content, or links to certain content, on the Digital Service;

C. cause limited portions of content on the Digital Service to be displayed or appear to be displayed on your own or certain third-party digital services;

D. connect with other users of the Digital Service;

E. publish User Generated Content (“UGC”) that will allow all users of the Digital Service to access and use that information, and to associate it with you;

F. comment on UGC; and/or

G. tag (or link) UGC to other users of the Digital Service.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Without limiting the foregoing, you must not:

A. establish a link from any digital service that is not owned by you;

B. cause the Digital Service or portions of them to be displayed, or appear to be displayed by, for example, framing deep linking or in-line linking, on any other digital service;

C. link to any part of the Digital Service other than the homepage;

D. tag users or send e-mail invitations to non-users without their consent;

E. post anyone’s identification documents or sensitive financial information on the Digital Service;

F. otherwise take any action with respect to materials on the Digital Service that is inconsistent with any other provision of these Terms of Use or applicable law.

The digital service from which you are linking, or on which you make certain content accessible, must comply in all respects with the Terms of Use. You agree to cooperate with us in causing any unauthorised framing or linking immediately to cease. We reserve all rights to withdraw linking permission without notice and to disable any unauthorised links at our sole and absolute discretion at any time without prior notice.

Disclaimer of Warranties

The contents, such as text, graphics, images, information, programs and other material, provided by POLITE on this Digital Service (“Contents”) are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. POLITE provides, with reasonable effort, accurate and up-to-date content on this Digital Service. We do not, however, make any warranties or representations as to the accuracy, reliability, completeness, or timeliness of such Contents. We periodically add, change, improve or update the Contents without notice.

General Disclaimer and Limitation of Liability

POLITE assumes no liability or responsibility for any errors or omissions in the Contents. You are using the Digital Service at your own risk. Under no circumstances shall POLITE or any other party involved in creating, producing or delivering the Contents be liable to you or any other person for any direct, indirect, special, incidental or consequential damages arising from your access to, or use of, this Digital Service.

Mobile Networks

When you access the Digital Service through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain services may be prohibited or restricted by your network provider and not all services may work with your network provider or device. We bear no responsibility for such fees, prohibitions or restrictions.

Severability

In the event that one or more provisions of these Terms of Use shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality, or unenforceability shall not affect any other provision contained in the Terms of Use.

Entire Agreement

These Terms of Use and our Privacy Statement constitute the whole and entire agreement between you and POLITE with respect to the Digital Service and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the services provided on the Digital Service.

Applicable Laws

All matters relating to this Digital Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore, and any claims or disputes of whatever nature shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.

User Generated Content and Right to Use

We do not pre-screen all UGC and neither endorse nor approve any UGC that you or other users may contribute to the Digital Service. You are solely responsible for your UGC and may be held liable for UGC that you post.

Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

We respect the intellectual property rights of others. In order to upload your UGC to the Digital Services, you must first ensure that you have the legal right to do so. You may not upload or post any UGC on the Digital Service that infringes the copyright, trade mark or other intellectual property rights of a third party nor may you upload UGC that violates the law, these Terms of Use and/or any third party's right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. We may, without prior notice to you and in our sole and absolute discretion, remove UGC that may infringe the intellectual property or other rights of a third party. If you are a repeat infringer of our or a third party's intellectual property or other rights, we may terminate your account without notice to you. Any UGC you post to the Digital Service will be considered non-confidential and non-proprietary. By providing any UGC on the Digital Service you grant POLITE and our affiliates and service providers, and each of their and our respective licensees, successors and assignees, a non-exclusive, royalty-free, perpetual, irrevocable, and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant POLITE and our affiliates and service providers, and each of their and our respective licensees, successors and assignees, the right to use the name that you submit in connection with such content, if they or we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity, and that you will indemnify POLITE or our affiliates for all claims resulting from content you supply. You understand and acknowledge that you are responsible for any UGC you submit or contribute, and you, not POLITE, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. POLITE takes no responsibility and assumes no liability for any content posted by you or any third party.

USER GENERATED CONTENT STANDARDS

These Content Standards apply to any and all UGC. UGC must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, UGC must not:

A. contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

B. promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

C. infringe any patent, trade mark, trade secret, copyright or other intellectual property or other rights of any other person;

D. violate the legal rights (including the moral rights, rights of publicity and privacy) of others or contain

any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Statement;

E. be likely to deceive any person;

F. promote any illegal activity, or advocate, promote or assist any unlawful act;

G. cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;

H. impersonate any person, or misrepresent your identity or affiliation with any person or organization; and/or

I. involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; and/or

J. give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Monitoring and Enforcement; Suspension and Termination of Account

POLITE has the right in our sole and absolute discretion, without notice and without assigning any reason, to monitor and remove, block, edit, move, disable or take any action with respect to any activity or content, and restrict, suspend, or terminate your access to all or any part of the digital service.

Variation

We may revise these Terms at our sole and absolute discretion at any time by updating this page. You should visit this page each time you access the Digital Service so that you are aware of any changes to these Terms of Use as the then-current Terms will be effective and binding on you from the time of posting. Your continued use of the Digital Service will be considered acceptance of those changes on you. We may modify or discontinue any information or features that form part of the Digital Service at any time, with or without notice to you, and without liability.

Indemnification

You agree to fully indemnify and hold POLITE harmless from any and all claims (whether in contract, tort or otherwise), liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Digital Service, your placement or transmission of any message, content, information, software or other materials through the Digital Service, or your breach or violation of any law or of these Terms of Use. POLITE reserves the right to assume the exclusive defence and control of any matter which is otherwise subject to indemnification by you, and in such case, you agree to co-operate with our defence of such claim.

All references to the plural herein shall also mean the singular and to the singular shall also mean the plural unless the context otherwise requires.