Terms & Conditions

Terms of Use

Please read these Terms of Use (“Terms”) carefully. These Terms govern and apply to your access and use of PocketSEED a Mobile Learning Platform by Bootstrap Pte Ltd (“Bootstrap”). By accessing and using PocketSEED, you agree to the Terms & Conditions, and to be bound by its Terms of Use.

Amendments

Bootstrap may add, modify and/or remove the Terms from time to time, and will endeavour to notify you of such changes via email or by displaying a message when you next use PocketSEED. By continuing to access and use PocketSEED, you agree to the updated Terms, and to be bound by the Terms.

From time to time, for various reasons including but not limited to the optimisation of PocketSEED, Bootstrap may add, modify or remove altogether features or functionalities of PocketSEED. If you are using the Mobile Application, you may need to install a new or updated version before receiving the benefits of these changes. Bootstrap will use all reasonable efforts to inform you of any changes to PocketSEED.

In certain scenarios, Bootstrap may decide to stop providing all or some of PocketSEED features at any time. Nothing in this Terms is to be taken as a guarantee that PocketSEED will always be available, either in its current form or at all, or that we will support, maintain or continue to offer PocketSEED in any version.

Account Information

In order to access and use PocketSEED, you and/or your company will need to register and create an Account (“Account”). By logging in to PocketSEED, you agree to provide true, accurate, current and complete account information as requested, and to maintain and promptly update your account information in order to ensure that it remains true, accurate, current and complete. Bootstrap reserves the right to refuse registration of Accounts or terminate Accounts Bootstrap deems inappropriate, such as:

  1. Using false personal information or create any account for another party without their expressed permission;
  2. Using a username that is the name of another person with the intent to impersonate that person;
  3. Using a username that is subject to rights of another person without appropriate authorization; or
  4. Using a username that is offensive, vulgar or obscene or otherwise in bad taste.

Bootstrap reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or violates our Terms. Nonetheless, you are responsible for any activities that occur under your Account, such as maintaining the confidentiality of your Account details and password, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorised third party, or otherwise may have been compromised.

Bootstrap may use this information and any technical information about your use of PocketSEED to tailor the user experience of, facilitate the use of PocketSEED for you, or to communicate with you. We may also add your corporate name and logo to marketing materials (press releases, advertising, etc.) so long as you are a past or present client of ours.

PocketSEED may allow you to link your Account to other platforms. You may only link your own third party account(s). We will access and retrieve your information from these sites on your behalf to make certain information and/or services available to you through PocketSEED. By linking your other third party accounts, you expressly authorise us to access your information from any third party accounts on your behalf as your agent and permit us to access, use and store your account information to accomplish the foregoing.

Restrictions

PocketSEED is available both as a Mobile and Web-based Application (collectively an “PocketSEED”). You may download an utilise PocketSEED on your devices for your personal use.

You may not:

  1. Copy, modify or distribute PocketSEED for any purpose;
  2. Transfer, sublicense, lease, lend, rent or otherwise distribute PocketSEED to any third party;
  3. Decompile, reverse-engineer, disassemble, or create derivative works of PocketSEED;
  4. Make the functionality of PocketSEED available to multiple users through any means; or
  5. Use in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

The following terms apply to PocketSEED accessed through or downloaded from any app store or distribution platform where PocketSEED is made available (collectively an “App Provider”). You acknowledge and agree that Bootstrap may change its services from time to time and may stop providing all or some of PocketSEED features at any time, possibly without prior notice to you. Certain features of PocketSEED may be subjected to additional Terms & Conditions, which will be posted with those features of PocketSEED.

Content Submissions

PocketSEED allows you and other users to post, link, store, share and otherwise make available certain information, images, videos, text and/or other content (collectively “Content”). You are responsible for the Content that is posted on PocketSEED, including its legality, reliability, and appropriateness. By posting Content on PocketSEED, you grant Bootstrap the right and license to use, modify, publicly perform, display, reproduce and distribute such Content on and through PocketSEED for registered users in your company, who may also use your Content, subject to these terms.

You may remove Content posted on PocketSEED. Bootstrap shall not be liable for the removal or the failure to remove any Content on PocketSEED.

You represent and warrant that:

  1. You own the Content and have the right to use it, and grant Bootstrap the rights and license as provided in these Terms and
  2. The posting of your Content on or through PocketSEED does not violate any privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through PocketSEED does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

When posting Content to or otherwise using PocketSEED, you agree not to:

  1. Submit Content that violates a third party’s proprietary rights, including but not limited to privacy rights, publicity rights, copyrights, contract rights or any other rights of any third party, or that otherwise violates any applicable law;
  2. Publish falsehoods or misrepresentations that could damage Bootstrap, our users or any third party;
  3. Publish any private information without permission;
  4. Submit Content that is unlawful, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate;

This list is an example and is not exhaustive. Bootstrap does not have an obligation to monitor your access or use of PocketSEED, or to review or edit any Content, but reserves the right to do so for the purpose of operating PocketSEED, to ensure compliance to these Terms as well as to applicable law or the order or requirement of a court, administrative agency or other government body. Bootstrap reserves the right to remove or disable access at any time and without prior notice to any Content that Bootstrap considers in sole discretion to be in violation of these Terms or otherwise harmful to PocketSEED.

Intellectual Property 

PocketSEED is protected by copyright, trademark, and other laws of the Republic of Singapore and foreign countries. We (or our licensors) exclusively own all rights, title and interest in and to PocketSEED, including all associated intellectual property rights. You may not remove, modify or observe any copy right, trademark, service mark or other proprietary rights notices incorporated in or accompanying PocketSEED including in any Content. You acknowledge and agree that any feedback, comments or suggestions (collectively “Feedback” you may provide regarding PocketSEED is the sole and exclusive property of Bootstrap and you hereby irrevocably assign to Bootstrap all your rights, titles and interest in and to all Feedback.

You acknowledge that Bootstrap owns and/or has the right to use all property in PocketSEED, including all our copyrights, trademarks, design rights, moral rights, service marks, trade names, know-how, confidential information, patents, licences, inventions and other intellectual property rights in Bootstrap (collectively “IP). You do not have any rights to Bootstrap’s IP except granted under the Terms or any other agreement separately made with Bootstrap. You agree not to challenge or do anything inconsistent with such ownership.

You own, or warrant that you are authorised to use, the intellectual property rights in any Content you post on PocketSEED. You retain any and all of your rights to the Content you make available on or through PocketSEED, and are responsible for protecting these rights. Bootstrap does not take any ownership or liability of the Content that you post on PocketSEED.

The Content you make available through PocketSEED may not have been reviewed, verified or authenticated by us, and may include inaccuracies or false information. Bootstrap makes no representations, warranties, or guarantees in connection with any Content on PocketSEED, relating to the quality, suitability, truth, accuracy or completeness of any Content you make available on PocketSEED. You acknowledge sole responsibility for and assume all risk(s) arising from your use or reliance of any Content.

All information relating to PocketSEED that could reasonably be considered its nature to be confidential shall be treated by you as confidential unless Bootstrap gives expressed permission in writing for you to use the information, or if the information is available in the public domain otherwise than by a breach of Terms. You agree to notify Bootstrap immediately should you become aware that any persons may have unauthorised knowledge, access or use to any IP owned by Bootstrap.

Your obligations under this clause shall serve any termination of your use of PocketSEED and/or the termination of this Agreement.

Copyright Policy

We do not permit copyright infringing activities and infringement of IP rights on PocketSEED and will remove any such Content if properly notified in writing. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification to ask@bootstrap.com.sg with the following information in writing:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. identification of the URL or other specific location on PocketSEED where the material that you claim is infringing is located;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Unauthorised Activities

PocketSEED may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing PocketSEED:

  1. Attempt to access or search PocketSEED or download Content from PocketSEED through the use of any engine, software, tool, agent, device or mechanism (including but not exclusive to spiders, robots, craters, data mining tools or the like);
  2. Access, tamper with, or use non-public area of PocketSEED, Bootstrap’s computer systems, or the technical delivery systems of our providers;
  3. Gather and use information, such as other users’ names, real names, email addresses, available through PocketSEED to transmit any unsolicited advertising, junk mail, spam or other form of solicitation;
  4. Use PocketSEED for any commercial purpose or for the benefit of any third party or in any manner not by these Terms
  5. Violate nay applicable law or regulation; or
  6. Encourage or enable any other individual to do any of the foregoing.

Bootstrap reserves the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity

You agree to indemnify and hold Bootstrap harmless from and against any and all costs, damages, liabilities, and expenses (including legal fees) Bootstrap incurs in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that the use of PocketSEED from your Account violates any applicable law or regulation, or the rights of any third party.

Disclaimer

You understand and agree that PocketSEED is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, Bootstrap explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Bootstrap makes no warranty that PocketSEED will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

You acknowledge that third party suppliers may be used to provide hardware, software, networking, connectivity, storage and other technology in order to provide PocketSEED, and that PocketSEED may be subject to limitations, delays and other problems inherent in the use of such provided by third party suppliers. The delays, problems, acts and omissions of third party suppliers may be outside of Bootstrap’s control, and Bootstrap does not accept any liability for any loss or damage suffered as a result of any delay, problem, act or omission of any third party supplier.

Bootstrap and such third party suppliers exclude any other warranties that may be implied or otherwise apply under any applicable law.

Usage

Any Content you create, manage, deliver, track, and post, and the number of kilobytes of data transferred when creating, managing, delivering, tracking, and posting Content are metered by Bootstrap.

You must adhere to the usage limit for the paid subscription version of PocketSEED that you have purchased. You are aware of the usage limits set for your use of PocketSEED. If you have reached your usage limit for the associated subscription period, Bootstrap shall use reasonable endeavours to contact and request you upgrade your paid subscription accordingly. Your access to PocketSEED may be suspended until you have upgraded to the next subscription level.

You may change, modify or terminate your PocketSEED subscription at any time by informing Bootstrap in writing via ask@bootstrap.com.sg

  1. Any upgrade will become effective immediately. If you upgrade your account, any Fees that you have paid in advance will be credited to your new upgraded account. Bootstrap will then charge on your next standard invoice date for any net amount due as a result of the upgrade.
  2. Any downgrade or cancellation will become effective immediately and no refunds will be paid in respect of any unused portion of any higher account offering.

Downgrading or termination of your Account may cause the loss of Content, data, features or capacity of your Account. Bootstrap does not accept any liability for the resulting loss of Content, data, features or capacity.

Should you choose to terminate your Account, the Account shall be deactivated and/or delated and your Content and data may be removed from our systems within 30 calendar days after the confirmation of termination. You may not recover your Content, data, features or capacity of your Account once the Account is terminated. Any statutory retention requirements with respect to your Content, data or information remain your responsibility, however, Bootstrap may in sole discretion be able to provide you with your Content and data, if you request for it within the 30 calendar days, at a time and materials cost to you of SGD300.00 per hour + the corresponding Goods and Services Tax applicable.

All sections of these Terms which by their nature shall survive Termination including, without limitation, ownership, warranties, disclaimers and limitations of liability.

PocketSEED Availability

You acknowledge that the operations and availability of the system used for accessing PocketSEED can be unpredictable and that the down-time of PocketSEED, either scheduled or unscheduled may occur. Bootstrap shall work within reason to ensure that this amount of downtime is limited. Bootstrap shall not be held liable for the consequences of any downtime.

Bootstrap cannot guarantee that any file or programme available for download and/or execution from or via PocketSEED is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You acknowledge that you assume all risks of use of all programmes and files associated with PocketSEED, and will not hold Bootstrap responsible for any consequences of the use of PocketSEED.

System Requirements

You acknowledge that in order to use PocketSEED, you require a modern mobile device operating system or web browser, and a stable connection to the Internet. PocketSEED may work in a limited manner on earlier versions of any mobile device operating system or web browser as PocketSEED may not have been designed for use on these earlier versions.

Overseas Access

PocketSEED may be accessed throughout Singapore and overseas. Bootstrap makes no representations that PocketSEED complies with the laws (including intellectual property laws) of any country outside of Singapore. Should you access PocketSEED outside of Singapore, you do so at your own risk and are responsible for complying with the laws in the place where you access PocketSEED from.

Limitation of Liability

Bootstrap’s total liability to you from all causes of action and under all laws and theories of liability shall be limited to the amount you paid for PocketSEED and in no event shall it exceed SGD 10.00. We shall not be liable to you for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, se, goodwill or any other intangible losses resulting from:

  1. Your access to or use of or inability to access or use PocketSEED
  2. Any conduct or content of any third party on PocketSEED
  3. Any content obtained from PocketSEED; and
  4. Unauthorised access, use or alteration of your transmissions or content,

whether based on warranty, contract, tort (including negligence) or any other laws whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Termination

If you breach any of the Terms, Bootstrap reserves the right to terminate your access to your Account, and/or the use of PocketSEED.

General

These Terms are governed by the laws of the Republic of Singapore, without regard to any conflict of laws, rules and principles. Bootstrap’s failure to enforce any right or provision of these Terms shall not be considered as a waiver of those rights. If any provision of these Terms are held to be invalid or unenforceable by a court, the remaining provisions of these Terms shall remain in effect. These Terms constitute the agreement between you and Bootstrap regarding Bootstrap’s services and PocketSEED.

Bootstrap and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Agreement, and that all waivers must be done in writing signed by both parties. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind Bootstrap in any respect whatsoever.

Bootstrap may revise the Terms from time to time, and shall provide notice prior to any new terms taking effect. By continuing to access or use PocketSEED after those revisions become effective, you agree to be bound by the revised terms.

Force Majeure

Bootstrap shall not be liable by reason of the failure in performance of obligations under this Agreement by reason of strikes, riots, fire, pandemics, explosions, acts of God, war, governmental action, or any other cause which is beyond Bootstrap’s reasonable control.

Questions & Contact Information

Please contact us at ask@bootstrap.com.sg should you have have questions about the Terms.