Introduction

These Terms and Conditions (or "Terms") are between you and the Gross Domestic Happiness PTE. LTD. and our affiliates ("NATIVE DOJO", "us"or "we") and, together with our Privacy Policy, govern your use of nativedojo.com (the "Site"), and our mobile applications, software, contents, products and services available through our websites and online channels (the "NATIVE DOJO Platform").

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERNS ANY DISPUTES BETWEEN YOU AND NATIVE DOJO.

If you have any questions about these Terms or our NATIVE DOJO Platform, please contact NATIVE DOJO at info@nativedojo.com.

Acceptance

To use our NATIVE DOJO Platform, you must agree to be unconditionally bound by these Terms. You accept the Terms by visiting, by accessing or by using the Site and you agree to comply with them. If you are using or accessing the NATIVE DOJO Platform on behalf of a company or other entity, you represent, agree, and warrant that you are authorized to act on behalf of the entity and to bind such entity to these Terms. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not access the Site or use our NATIVE DOJO Platform.

Eligibility

You must be at least 18 years of age to register and to use the NATIVE DOJO Platform as an administrator account (the "Account Owner"). By using the NATIVE DOJO Platform, you represent and warrant that you are of legal age to form a binding contract with us for yourself or your child and that you meet all of the foregoing eligibility requirements. You may not access or use the NATIVE DOJO Platform if you are barred from receiving such services under applicable law or have previously been suspended or removed from any of our NATIVE DOJO Platform. If you do not meet all of these requirements, you must not use our NATIVE DOJO Platform.

Registration

Anyone may visit the Site and access some materials through the NATIVE DOJO Platform, but to use many features of the NATIVE DOJO Platform you must register as the Account Owner and create an account by selecting login credentials (email and password) and providing us with accurate contact information and other information about yourself. You agree (i) to provide correct, current and complete information as prompted by the account creation form, and maintain and update such information as needed to keep it correct, current and complete; (ii) register only once using a single email; (iii) not to do anything that might jeopardize the security of your account; and (iv) to notify us immediately of any unauthorized access to or use of your credentials or any other breach of security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur on your account.

You agree to not (a) register on behalf of another person without the legal authority to do so; (b) register under the name of another person or under a fictional name or alias; (c) choose a username (which can be an email address) that constitutes or suggests an impersonation of any other person (real or fictitious) or entity or that you are a representative of an entity when you are not, or that is offensive; (d) choose a username (which can be an email address) for the purposes of deceiving or misleading our users and/or us as to your true identity; or (e) choose a username (which can be an email address) that incorporates a solicitation. You are strictly prohibited from sharing your login credentials with any third-party, or otherwise permitting a third-party to use the NATIVE DOJO Platform via your account.

Local User Creation

As the Account Owner, you can create local user accounts under your account (the "Local Users") by selecting their login credentials (email and password). If you’re a parent or legal guardian, and you allow your child to use the NATIVE DOJO Platform as the Local Users, these Terms apply to you and you’re responsible for your child’s activity on the NATIVE DOJO Platform. If you're an employer or representative of an organization, and you allow your employee or other members in your organization to use the NATIVE DOJO Platform as the Local Users, these Terms apply to you and you’re responsible for your users activity on the NATIVE DOJO Platform.

NATIVE DOJO Platform

The NATIVE DOJO Platform provides registered users ("Students") in need of online additional language instruction and they can connect with and receive classes from Teachers in the business of providing such services (“Teachers”). The NATIVE DOJO Platform allows Students to access exclusive learning materials, communicate with NATIVE DOJO and other Students, and post content. The NATIVE DOJO Platform allows the Account Owner to purchase lesson credits to book classes. NATIVE DOJO reserves the right to suspend or terminate your use of the NATIVE DOJO Platform at any time if we believe you have violated these Terms or any other agreement with us, or any of NATIVE DOJO's policies or protocols. Should you decide to sign-up to use the NATIVE DOJO Platform as a Teacher, you will need to execute a separate Contract for Service Agreement with respect to your use of the NATIVE DOJO Platform as a Teacher.

Enrollment in the Affiliate Program

Should you decide to sign-up to use the NATIVE DOJO Platform as an Affiliate-Partner who is eligible to earn a commission, you will need to execute a separate Affiliate Agreement with respect to your use of the NATIVE DOJO Platform as an Affiliate-Partner.

Billing and Payment

This applies if your use of the NATIVE DOJO Platform incurs a fee.

Fees

You agree to pay the costs and fees for all subscriptions or purchases you make on the NATIVE DOJO Platform, plus any applicable sales, use, excise, or other taxes (collectively, the "Fees"). Fee amounts are subject to change from time to time. You will pay any additional taxes as necessary to ensure that the net amounts received by NATIVE DOJO after all such taxes are paid are equal to the amounts that NATIVE DOJO would have been entitled to in accordance with these Terms as if the taxes did not exist. PAID FEES ARE NONREFUNDABLE.

Payment Method

You must maintain a valid payment method on file with us, which is securely stored and processed via a third-party PCI-DSS compliant payment processor. If your payment method is a credit card, we may seek pre-authorization of your account to verify that the credit card is valid and has the necessary funds or credit available to cover your Fees. You represent and warrant that the payment information you provide to us is accurate and you are using a form of payment that you are legally authorized to use. You agree that you are solely liable for any payment or credit card fraud, abuse or unauthorized use by you or others.

Authorization

You agree that we may charge your payment method on file with us for the Fees or other amounts due hereunder, as well as any sales and use taxes and any late fees or interest (as described below). If you select a subscription with automatically recurring payments, you authorize NATIVE DOJO to periodically charge your payment method on a going-forward basis for all accrued sums and until cancellation of either the recurring payments or your account.

Acceptable Use of the NATIVE DOJO Platform

You agree to not rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market or transfer the NATIVE DOJO Platform or any portion thereof (including our Content) or use it in any manner not expressly authorized by these Terms. You agree not to copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the NATIVE DOJO Platform. Tampering with the NATIVE DOJO Platform, conducting fraudulent activities on the NATIVE DOJO Platform and all other illegal activities are prohibited and may subject a user to legal action and/or termination of your access to the NATIVE DOJO Platform.

You further agree not to (i) upload any User Content or other data that contains software viruses or is designed to interrupt, destroy, or limit the functionality of any equipment or services, or that contains other harmful, disruptive, or destructive files or content; (ii) use or attempt to use another user's account without authorization, or impersonate any person or entity; (iii) harvest, solicit, or collect information of other users for any reason whatsoever, including, without limitation, for sending unsolicited communications; (iv) post, advertise, or promote products or services commercially, or upload any content that is advertising, promotional material, junk mail, spam, or a contest or sweepstake, or that furthers or promotes criminal activity; or (v) use the NATIVE DOJO Platform in any manner that, in our sole discretion, is objectionable or restricts or inhibits any other person from using or enjoying the NATIVE DOJO Platform, or which may expose us or our users to any harm or liability of any type.

If you take any of the above actions or violate these Terms, we reserve the right to cancel your Account Owner and Students registration, suspend or terminate your access to or use of the NATIVE DOJO Platform, or take legal action.

Prohibited Acts

You are strictly prohibited from violating or trying to violate our security features, such as by (i) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing; (iii) attempting to interfere with service to any user, host, or network, such as by means of submitting a virus to the Site, overloading, "flooding,""spamming,""mail bombing,"or "crashing"; or (iv) sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. You hereby agree not to use any device, software, or routine to interfere, or try to interfere, with the proper working of our NATIVE DOJO Platform or any activity being conducted on the NATIVE DOJO Platform. You further agree not to use, or try to use, any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the NATIVE DOJO Platform other than the search engine and search agents that we make available via the NATIVE DOJO Platform and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Contents and Ownership

Except as otherwise expressly indicated herein, NATIVE DOJO owns all rights, title, and interest, including all intellectual property rights, in and to, the NATIVE DOJO Platform and all elements and components (including without limitation all Feedback, Teacher posts to the Course Review, images, illustrations, designs, photographs, video clips, text, graphics, icons, designs, software code, written information and screens appearing on the NATIVE DOJO Platform, and other materials, as well as names, logos, taglines, trade dress, and other trademarks therein) on the NATIVE DOJO Platform (the "Content"or "Contents"). The Contents are protected by Singapore and foreign copyright, trademark, trade dress, or other proprietary right laws and international conventions. Nothing in these Terms is intended to transfer to you any rights to the Contents or grant you any license to the Contents, except as specifically set forth in these Terms. Only a duly authorized officer of NATIVE DOJO may grant permission or a license to use any of the Contents; any attempted grant or similar promise by anyone other than a duly authorized agent of NATIVE DOJO is invalid.

Copyright

You do not have permission to copy, reproduce, make derivative works from, distribute, republish, download, display, perform, post electronically or mechanically, transmit, record, or mirror any of the Contents without the prior written permission of NATIVE DOJO. You may only display, download, and print in hard copy format the Contents for the purposes of using the Site as an internal or personal business resource.

Trademarks

NATIVE DOJO registered and unregistered trademarks and trade dress, including names, logos, taglines, trade dress, and other trademarks, may not be copied, imitated, or used, whether in whole, partial or modified form, without the prior written permission of NATIVE DOJO. You may not use any meta tags or any other hidden text utilizing an NATIVE DOJO name, trademark, or product name without NATIVE DOJO' prior written permission. Third-party trademarks and service marks used on the NATIVE DOJO Platform are the property of their respective owners, and we use them with their consent. NATIVE DOJO and the other licensors of the marks on the Site reserve all rights with respect to all Contents and all intellectual property.

Feedback

While using the NATIVE DOJO Platform, you may provide us with certain materials, communications, suggestions, comments, improvements, ideas or other feedback related to the NATIVE DOJO Platform ("Feedback"). You are solely responsible for your Feedback. You hereby grant to NATIVE DOJO all rights, title, and interests in and to any Feedback. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the NATIVE DOJO Platform any of the Feedback. By providing Feedback, you are representing that the Feedback is not subject to any intellectual property claim by a third-party or any license terms which would require products or services derived from that Feedback to be licensed to or from, or shared with, any third-party.

User Content

The NATIVE DOJO Platform may include features that enable you to post, upload, store, share, send, or display images, video, data, text, comments, and other information and content ("User Content") to and via the NATIVE DOJO Platform. You represent and warrant that you own your User Content or that you have all rights necessary to grant us a license to use your User Content as described in these Terms. You retain all rights to your User Content that you post to the NATIVE DOJO Platform. By making your User Content available on or through the NATIVE DOJO Platform you hereby grant to NATIVE DOJO a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform, reproduce, translate, create derivative works from, and distribute your User Content, in whole or in part, including your name and likeness, in any media.

You are responsible for your User Content

NATIVE DOJO relies on accurate User Content to provide and improve our NATIVE DOJO Platform. Any attempts to submit inaccurate User Content to the NATIVE DOJO Platform is strictly prohibited. You represent and warrant that your User Content, the use and provision of your User Content on the NATIVE DOJO Platform, and your use of the NATIVE DOJO Platform will not (i) infringe, misappropriate, or violate a third-party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) be fraudulent, false, misleading, or deceptive; (iv) be defamatory, obscene, pornographic, vulgar, or offensive; (v) promote discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) be violent or threatening or promote violence or actions that are threatening to any person or entity; or (vii) promote illegal or harmful activities or substances. NATIVE DOJO may, in our sole discretion, alter, remove, or refuse to display any of your User Content, and may forbid you from posting, uploading, storing, sharing, sending, or displaying your User Content to and via the NATIVE DOJO Platform.

Software Requirements

You must have a compatible computer or other electronic device, internet access, and the necessary minimum specifications ("Software Requirements") to use the NATIVE DOJO Platform. The Software Requirements are listed on the relevant application page. Software may be upgraded from time to time to add support for new functions. The NATIVE DOJO Platform may request certain privacy permissions from time to time such as access to your geolocation or mapping applications, device camera or microphone, or other apps and associated features on your device. You acknowledge that the terms of agreement with your respective internet or mobile network provider will continue to apply while you use the NATIVE DOJO Platform. Data and messaging charges may apply to your use of the NATIVE DOJO Platform and you accept responsibility for any such charges that arise. If you are not the bill payer for the computer or electronic device being used to access the NATIVE DOJO Platform, you will be assumed to have received permission from the bill payer for use of the NATIVE DOJO Platform.

Compliance

You represent and warrant that (i) any information you submit to us is truthful and accurate; (ii) you will maintain the accuracy of that information; (iii) you have and will at all times maintain the right to provide all User Content provided by you hereunder; (iv) your User Content and any other materials you provide or submit to other Users or NATIVE DOJO do not infringe the intellectual property or other rights of any third-parties or contain viruses, worms, malware or any other harmful scripts or code; and (v) your use of the NATIVE DOJO Platform and its features does not violate any applicable law.

Communications from NATIVE DOJO

We may use your contact information you provide to us to communicate with you about your use of the NATIVE DOJO Platform. For example, we may send you service announcements or administrative communications by email, phone, text, or other means. You understand that you receive these communications as part of your use of the NATIVE DOJO Platform. We may send you marketing communications by email, mail, or other means in compliance with applicable law. As part of our policy to respect your privacy, we provide you the option of opting out from receiving marketing communications from us by following the instructions in our Privacy Notice. However, you will not be able to opt out from receiving service announcements and administrative messages.

Data Security

Your network, operating system, and software of your web servers, databases, and computer systems (collectively "Systems") must be properly configured to securely use the NATIVE DOJO Platform. Your User Content must use reasonable security measures to protect our Content and any elements or components of the NATIVE DOJO Platform. You shall not architect, design, or select Systems in a manner to avoid these obligations. You must promptly report to NATIVE DOJO at info@nativedojo.comany security deficiencies in, or intrusions into, your Systems that you discover. You will work with NATIVE DOJO to correct any security deficiency and disconnect any intrusions or intruders as soon as practicable upon discovery of any such deficiency or intrusion. In the event of any security deficiency or intrusion involving the NATIVE DOJO Platform or our Content, you will make no public statements without prior written and express permission from NATIVE DOJO in each instance, unless otherwise required by law.

You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of the NATIVE DOJO Platform or any activity being conducted thereon. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the NATIVE DOJO Platform other than the search engine and search agents that we make available via the NATIVE DOJO Platform and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Confidential Information

You agree that the NATIVE DOJO Platform and NATIVE DOJO Content are deemed to be our confidential information and you will maintain the same in strict confidence and not disclose the same to any third-party or use the same for any purpose other than your use of the NATIVE DOJO Platform. To the extent that you retain any Content after the termination or expiration of the Terms, this paragraph will survive the termination or expiration of the Terms.

Consent to Do Business Electronically

By using our NATIVE DOJO Platform in any manner, registering as a Student, or typing your name into any of our electronic forms, you affirmatively consent to (i) NATIVE DOJO communicating with you electronically; (ii) receiving all applications, notices, disclosures and authorizations (collectively, "Records") from NATIVE DOJO electronically; and (iii) entering into agreements and transactions using electronic Records and signatures. Please note that Singapore law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic Records from us, please contact us at info@nativedojo.com. Agreements and transactions executed prior to this request will remain valid and enforceable.

Intellectual Property Rights

We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the NATIVE DOJO website, you agree not to use the website to infringe any intellectual property rights.

If you believe that your copyrighted work has been reproduced in a manner that constitutes copyright infringement and is accessible on the website or NATIVE DOJO Platform, please submit a notification to our copyright agent in accordance with the Intellectual Property Office of Singapore Act, by providing the following information in writing: (A) Identification of the copyrighted work that allegedly has been infringed; (B) Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the website or NATIVE DOJO Platform; (C) Information for our copyright agent to contact the party alleging infringement, such as an address, telephone number, and, if available, e-mail address; (D) A statement that the party alleging infringement has a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (E) A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is the copyright owner or the authorized person to act on behalf of the copyright owner; and (F) A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that has allegedly been infringed. Please send this notification to our copyright agent at: info@nativedojo.com.

Void Where Prohibited

The NATIVE DOJO Platform is owned and operated in Singapore. Not all of our NATIVE DOJO Platform are available to all persons or at all locations. Access to our NATIVE DOJO Platform may not be legal by certain persons or in certain countries. You are solely responsible for verifying that the laws of the country or state (or other applicable jurisdiction) from which you access the NATIVE DOJO PLATFORM permit you to USE the NATIVE DOJO PLATFORM. If you access the NATIVE DOJO Platform from outside Singapore, you do so on your own initiative and are responsible for compliance with local laws. Any offer of a NATIVE DOJO Platform in these Terms shall be deemed void where prohibited.

Third-Party Content

The NATIVE DOJO Platform may include third-party content and/or hyperlinks to websites, resources, or content owned or operated by third parties, over which we have no control ("Third-Party Content"). Third-Party Content available on the NATIVE DOJO Platform is provided solely for your convenience. We are not responsible for the content of any Third-Party Content, nor do we make any representations about the content or accuracy of material on any other platforms. Inclusion of Third-Party Content on our NATIVE DOJO Platform does not imply our approval or endorsement of the Third-Party Content. Please be aware that when you click on links that take you to external platforms or content, you do so at your own risk, and you will be subject to their privacy policies and practices and not ours. Any concerns regarding any such website, service, or resource should be directed to the respective third-party.

Term and Termination

The term of these Terms starts on the first day you access, use, or register as a Student (whichever is earliest) on the NATIVE DOJO Platform and continues until you discontinue all use of our NATIVE DOJO Platform or until otherwise terminated as provided herein. If you purchase a subscription, unless otherwise stated at the time of subscription the subscription will automatically renew at the conclusion of each subscription term if you do not first cancel or change your subscription. NATIVE DOJO may terminate your access to all or any part of the NATIVE DOJO Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Student account. All provisions of these Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

YOUR USE OF THE NATIVE DOJO PLATFORM IS AT YOUR OWN RISK. NATIVE DOJO MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE NATIVE DOJO PLATFORM OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE NATIVE DOJO PLATFORM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NATIVE DOJO PLATFORM ARE PROVIDED TO YOU ON AN "AS IS,""AS AVAILABLE"AND "WHERE-IS"BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NATIVE DOJO does not warrant that the NATIVE DOJO PLATFORM will meet all of your requirements or that its operations will be uninterrupted or error free, or that any defect within the NATIVE DOJO Platform will be corrected. No oral or written information, representation or advice given by NATIVE DOJO shall create a warranty without a writing signed by NATIVE DOJO EXPRESSLY CREATING such warranty.

Indemnification

You agree to indemnify and hold NATIVE DOJO, our subsidiaries and our affiliates, and their respective MEMBERS, directors, SHAREHOLDERS, officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, damages, or demand, including without limitation reasonable attorneys' fees, due or relating to or arising out of (i) your use of THE NATIVE DOJO PLATFORM in violation of THIS AGREEMENT, (ii) your breach of THESE TERMS, or (iii) any breach of your representations and warranties set forth in THESE TERMS.

Limitation of Liability

IN NO EVENT WILL NATIVE DOJO, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE NATIVE DOJO WEBSITE, OR THESE TERMS, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS MAY NOT ALLOW 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 MAY HAVE ADDITIONAL RIGHTS.

YOU ARE RESPONSIBLE FOR ANY MOBILE AND NETWORK CHARGES THAT MAY APPLY TO YOUR USE OF THE WEBSITE OR THE NATIVE DOJO PLATFORM. IF YOU ARE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE ACCESSING THE WEBSITE OR THE NATIVE DOJO PLATFORM.

The website and NATIVE DOJO Platform may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third-Party Websites”). NATIVE DOJO does not review, monitor, operate and/or control the Third-Party Websites and NATIVE DOJO makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third-Party Websites. By providing access to Third-Party Websites, NATIVE DOJO is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third-Party Websites, including providing information, materials and/or other content to the Third-Party Websites, is entirely at your own risk. NATIVE DOJO reserves the right to discontinue links to any Third-Party Websites at any time and for any reason, without notice.

Governing Law

These Terms are governed and construed by the laws of Singapore, except as otherwise provided in the Arbitration Provision.

Entire Agreement

These Terms, along with the Privacy Policy, constitute the entire legal agreement between you and us concerning your access and use of the NATIVE DOJO website. As stated above, should you decide to sign-up to use the NATIVE DOJO Platform as a Teacher, you will need to execute a separate Contract for Service Agreement with respect to your use of the NATIVE DOJO Platform as a Teacher.

No Waiver

Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

Security

We do not guarantee that the website or NATIVE DOJO Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the website. You should use your own virus protection software.

Severability

If any provision of these Terms is held to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

Interpretation

Headings and the contents page in these Terms are included for convenience purposes only and shall not affect the interpretation of these Terms.

Arbitration of Claims

In the event of a dispute between you and NATIVE DOJO, you and NATIVE DOJO agree to resolve the dispute through final and binding arbitration, as described in this Section (the “Arbitration Provision”). This Arbitration Provision is governed by the Arbitration Act 2001 and evidences a transaction involving commerce.

This Arbitration Provision applies to any past, existing or future claim, regardless of the date of its accrual, brought by either you or NATIVE DOJO, arising out of or related to: (i) these Terms; (ii) your access to and use of the NATIVE DOJO website (including any attempts by you to sign-up to use or obtain access to the NATIVE DOJO Platform as a Teacher); and (iii) except as otherwise set forth in Section 10.2, Class Action Waiver, below, disputes arising out of or relating to the interpretation or application of this Arbitration Provision, including the validity, enforceability, revocability, conscionability, scope, or breach of the Arbitration Provision, or any portion of the Arbitration Provision, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. Except as it otherwise provides, this Arbitration Provision also applies, without limitation, to all such disputes between you and NATIVE DOJO’s officers, agents, employees, fiduciaries, administrators, affiliates, subsidiaries, parents, and all successors and assigns of any of them, all of which are third-party beneficiaries of this Arbitration Provision.

This Arbitration Provision does not apply to any claim that may not be arbitrated as provided by governing law. This Arbitration Provision does not apply to claims for workers’ compensation, state disability insurance, or unemployment insurance benefits. In addition, nothing in these Terms or this Arbitration Provision prevents you from making a report to or filing a claim or charge with the Ministry of Manpower, Monetary Authority of Singapore, or The Accounting and Corporate Regulatory Authority, and nothing in these Terms or this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.

The terms of this Arbitration Provision will come into force with your acceptance of these Terms, and through your access and use of the website, and will remain in force during and after all such access and use. Except as it otherwise provides, this Arbitration Provision is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before any forum other than arbitration. THIS ARBITRATION PROVISION REQUIRES ALL SUCH DISPUTES TO BE RESOLVED ONLY BY AN ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND NOT BY WAY OF COURT OR JURY TRIAL, OR BY WAY OF CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Class Action Waiver

You and NATIVE DOJO mutually agree that, by entering into this agreement to arbitrate, you and NATIVE DOJO both waive your right to have any dispute or claim brought, heard or arbitrated as, or to participate in, a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective and/or representative action (“Class Action Waiver”). Notwithstanding any other provision of these Terms, this Arbitration Provision, or the SIAC Expedited Procedure (discussed below), disputes regarding the validity, enforceability, revocability, conscionability, scope or breach of the Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver is invalid or unenforceable, the class, collective, and/or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Arbitration Procedure

The Arbitrator will be selected by mutual agreement of you and NATIVE DOJO. Unless you and NATIVE DOJO mutually agree otherwise, the Arbitrator will be an attorney licensed to practice in the location where the arbitration proceeding will be conducted or a retired federal or state judicial officer who presided in the jurisdiction where the arbitration will be conducted. If for any reason you and NATIVE DOJO cannot agree to an Arbitrator, then an Arbitrator will be selected using the strike and rank method from a list of five (5) neutral Arbitrators provided by SIAC. If you and NATIVE DOJO cannot agree to an Arbitrator, and SIAC is unavailable, either party may apply to a court of competent jurisdiction with authority over the location where the arbitration will be conducted for appointment of a neutral Arbitrator. The court will then appoint an Arbitrator, who will act under this Arbitration Provision with the same force and effect as if the parties had selected the Arbitrator by mutual agreement or through the strike and rank method.

Unless you and NATIVE DOJO agree otherwise, the SIAC Expedited Procedure (“SIAC Rules”) will apply to the arbitration; however, if there is a conflict between the SIAC Rules and this Arbitration Provision, this Arbitration Provision shall govern. The SIAC Rules are available here: https://siac.org.sg/expedited-procedure. The location of the arbitration proceeding will be in Singapore where you accessed the website, unless each party to the arbitration agrees in writing otherwise.

In arbitration, the parties will have the right to conduct adequate civil discovery, bring dispositive motions, and present witnesses and evidence as needed to present their cases and defenses, and any disputes in this regard will be resolved by the Arbitrator. A party, or the Arbitrator, at a party’s request, may subpoena witnesses or documents for discovery purposes or for the arbitration hearing. All claims in arbitration are subject to the same statutes of limitation that would apply in court. A demand for arbitration must be in writing and delivered by hand or first class mail to the other party within the applicable statute of limitations period. The demand for arbitration shall include identification of the parties, a statement of the legal and factual basis of the claim(s), and a specification of the remedy sought. Any demand for arbitration made by you must be delivered to Legal Department, Gross Domestic Happiness, 160 Robinson Road #14-04 SBF Centre 068914 Singapore. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

Attorneys’ Fees and Costs

Each party will pay the fees for its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. Costs incidental to the arbitration, including the cost of the Arbitrator and the meeting site (“Arbitration Costs”), will be borne by you and NATIVE DOJO equally, unless otherwise required by applicable law. Any dispute regarding a party’s obligation to pay Arbitration Costs will be determined by the Arbitrator. In the event you contend that, as a matter of law, you are not responsible for payment of any or part of your portion of the Arbitration Costs, you will have no obligation to pay that portion of the contested Arbitration Costs until, and only if, the Arbitrator determines that you are responsible for those costs. If necessary for arbitration of the dispute, NATIVE DOJO agrees to cover the amount of the Arbitration Costs contested by you until such time as the Arbitrator determines payment responsibility. If the Arbitrator determines that you are responsible for any amount of the Arbitration Costs already paid by NATIVE DOJO, you will remit payment of that amount to NATIVE DOJO within thirty (30) days of the Arbitrator’s determination, and if the Arbitrator determines that NATIVE DOJO is responsible for any amount of the Arbitration Costs already paid by you, NATIVE DOJO will remit payment of that amount to you within thirty (30) days of the Arbitrator’s determination.

Post-Arbitration Procedures

Within thirty (30) days of the close of the arbitration hearing (which period may be extended by stipulation of the parties), any party will have the right to prepare, serve on the other party and file with the Arbitrator a post-arbitration brief. The Arbitrator may award any party any remedy to which that party is entitled under applicable law, but such remedies will be limited to those that would be available to a party in his or her or its individual capacity in a court of law for the claims presented to and decided by the Arbitrator, and no remedies that otherwise would be available to an individual in a court of law will be forfeited by virtue of this Arbitration Provision. The Arbitrator shall apply controlling law and will issue a decision or award in writing, stating the essential findings of fact and conclusions of law. Except as may be permitted or required by law, as determined by the Arbitrator, neither a party nor an Arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of the parties. A court of competent jurisdiction will have the authority to enter a judgment upon the award made pursuant to the arbitration.

Enforcement

In the event any portion of this Arbitration Provision is deemed unenforceable, the remainder of this Arbitration Provision will be enforceable.

Changes

Notwithstanding the provisions of these Terms, regarding your consent to be bound by amendments to these Terms, if we change this Arbitration Provision after the date you first agreed to the Terms (or to any subsequent changes to the Terms), you may reject any such change by providing us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. This written notice must be provided either (i) by mail or hand delivery to: Legal Department, Gross Domestic Happiness, 160 Robinson Road #14-04 SBF Centre 068914 Singapore, or (ii) by email to info@nativedojo.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and NATIVE DOJO in accordance with the provisions of this Arbitration Provision as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

Contact Us

Students can contact us with questions about our Terms by sending an email to info@nativedojo.com.