TERMS OF USE

These Terms of Use were last updated on December 10, 2016.

1. General

1.1. Smarter Me Pte. Ltd. owns and operates this website called “Smarter Me”, referred to as (the
“Site”) at www.smarter.me.
1.2. Our Site enables students (“Learners”) to connect with independent third party instructors
(“Instructors”) (collectively with Learners, the “Users”) who may provide offline tutoring and
learning services and activities (“Lesson(s)”).

2. Acceptance of terms

2.1. Your use of this Site is subject to these Terms of Use. By using the Site, you are deemed to have
accepted and agree to be bound by these Terms of Use. We may make changes to these Terms
of Use from time to time without notice to you. Your continued use of the Site following changes
to these Terms of Use will constitute your acceptance of those changes.

2.2. You affirm that you are either more than 18 years of age, or possess legal parental or guardian
consent, and are fully able and competent to enter into the terms, conditions, obligations,
affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and
comply with these Terms of Use.

2.3. In addition, in your purchase of any Lesson you are also subjected to any posted guidelines,
FAQs, or rules applicable to such services which you are using via Smarter Me, which may be
posted and modified from time to time.

2.4. Additionally, if you are an Instructor, you are also subject to the Instructor Terms, which are
applicable to you and which are hereby incorporated by reference into these Terms of Use.

3. Site access

3.1. You are responsible for all access to the Site using your internet connection, even if the access is
by another person.

3.2. We will use reasonable efforts to ensure that the Site is available at all times. However, we
cannot guarantee that the Site or any individual function or feature of the Site will always be
available and/or error free. The Site may be unavailable during periods when we are
implementing upgrades or carrying our essential maintenance on the Site.

3.3. We make no promise that the materials on the Site are appropriate or available for use in
locations outside Singapore. Accessing the Site from territories where its contents are illegal or
unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own
initiative and are responsible for compliance with local laws.

4. Third party relationships and content

4.1. The Site is a marketplace for Instructors and Learners and the products and services offered on
the Site are third party products and services. Smarter Me does not hire or employ nor are we an
agent of the Instructors, save for our limited role as the Instructors Limited Pay Agent (as defined
below) detailed in clause 6 of these Terms of Use. As such, Smarter Me makes no guarantee on
the availability of the Instructors and the quality or safety of the Lessons

4.2. When you contact or engage the Instructors that are listed on our Site, no legal relationship,
engagement, or retainer is formed between you and Smarter Me. Smarter Me is not responsible
or liable for your dealings with any of the Instructors listed on our Site. We are not responsible for
disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to
conduct of Instructors or Learners, including, but not limited to, any Learner’s reliance upon any
information provided by an Instructor.

4.3. We do not control content posted by Instructors and other users (“User Submission”) posted on
the Site and, as such, do not guarantee in any manner the reliability, validity, accuracy or
truthfulness of such User Submission. You also understand that by using the Site, Smarter Me
may expose you to User Submissions that you consider offensive, indecent, or objectionable.
Smarter Me has no responsibility to keep such content from you and has no liability for your
access or use of or reliance on any User Submissions.

4.4. The Site may provide links to other third party websites and online resources. We are not
responsible for and do not endorse such third party sites or resources. Accordingly, Smarter Me
does not assume any liability associated with these third party sites or resources. Your use of
third party websites or resources is at your own risk.

5. Your use of the Site

5.1. You represent, warrant and covenant that you will not:

  5.1.1. Use the Site for any fraudulent or unlawful purpose;
  5.1.2. Use the Site to recruit or solicit Instructors for employment or contracting for a
  business not affiliated with Smarter Me without our advance written permission;
  5.1.3. Upload, post or transmit any copyrighted material that is not your own or that you do
  not have the legal right to distribute, display, and otherwise make available to others;
  5.1.4. Upload, post or transmit pornographic, threatening, embarrassing, hateful, racially or
  ethnically insulting, libelous, or otherwise inappropriate content;
  5.1.5. Make unsolicited offers, advertisements, proposals, or send junk mail through the Site;
  5.1.6. Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the rights of
  others, including without limitation others’ privacy rights or rights of publicity;
  5.1.7. Impersonate another person or gain unauthorized access to another person's account;
  5.1.8. Permit third parties to use any sessions booked under your account, including other
  members (unless otherwise stated);
  5.1.9. Impersonate any person or entity, falsely state or otherwise misrepresent your
  affiliation with any person or entity in connection with the Site or express or imply that
  we endorse any statement you make;
  5.1.10. Interfere with or disrupt the operation of the Site or the servers or networks used to
  make the Site available or violate any requirements, procedures, policies or
  regulations of such networks;
  5.1.11. Transmit or otherwise make available in connection with the Site any virus, worm or
  other computer code that is harmful or invasive or may or is intended to damage the
  operation of, or to monitor the use of, any hardware, software, or equipment;
  5.1.12. Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial
  purposes, any portion of, use of, or access to the Site;
  5.1.13. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of
  the Site. If you wish to reverse engineer any part of the Site to create an interoperable
  program you must contact us and we may provide interface data subject to verification
  of your identity and other information;
  5.1.14. Frame or mirror any part of the Site without our express prior written consent; or
  5.1.15. Create a database by systematically downloading and storing Site content
5.2. Notwithstanding the foregoing, we grant the operators of public online search engines limited
permission to use search retrieval applications to reproduce materials from the Site for the sole
purpose of and solely to the extent necessary for creating publicly available searchable indices of
such materials solely in connection with each operator’s public online search service.

5.3. We reserve the right to revoke these exceptions either generally or in specific instances

6. Billing

6.1. If you elect to use the Site to purchase a Lesson(s), and provide credit card information to pay for
such fees, then you hereby represent and warrant that you are authorized to supply such
information and hereby authorize Smarter Me or our Payment Processor (as defined below) to
charge your credit card for the payment of such purchase.

6.2. We use a third-party payment processor (the “Payment Processor”) and the processing of
payments will be subject to the terms, conditions and privacy policies of the Payment Processor
in addition to this Terms of Use. We are not responsible for any error by the Payment Processor.

6.3. We act in a limited capacity as an agent of the Instructor solely for the purpose of collecting and
accepting payments from Learners in respect of the Lessons (a “Limited Pay Agent”).

6.4. When a Learner makes a payment through us, whether directly or indirectly via the Payment
Processor, to an Instructor in connection with the Lessons, such payments shall be considered
the same as payment made directly from the Learner to that Instructor.

6.5. A Learner may cancel or request for a refund of the whole or part of a Lesson in accordance with
the cancellation and/or refund policy as may be agreed between such Learners and the relevant
Instructors in relation to the Lessons. Such refunds will be in the form of payment credits to be
used exclusively on the Site or at the Learner’s request, refunded to the Learner via the same
payment method used to pay for that Lesson, subject to any prevailing transaction fees or
charges from us or our Payment Processor which shall be borne by the Learner.

6.6. If any Lesson is cancelled by an Instructor, we will refund any payments made for that Lesson to
the Learner via the same payment method used to process that payment.

6.7. For the purposes of this clause 6, a Lesson is deemed fulfilled upon a notification from a Learner
to us that such Lesson has been fulfilled or at the end of the 72 hour period after the end of that
Lesson if no such email notification is received.

6.8. In our capacity as the limited payment collection agent of the Instructors, we accept no liability for
any acts or omissions of the Instructors or the Learners.

6.9. All transactions shall be in Singapore dollars.

7. Intellectual property

The intellectual property rights in the Site and, save for any content uploaded by you or provided
by you to us for uploading on to the Site, all of the text, pictures, videos, graphics, user interfaces,
visual interfaces, trademarks, logos, applications, programs, computer code and other content
made available on it are owned by us and our licensors (as applicable).You may not print or
otherwise make copies of any such content without our express prior permission.

8. Filming and photography

Smarter Me and/or the Instructors may film and take photographs of the Lessons. By registering
your or your child's attendance for a Lesson, you, in your own capacity as a Learner, or as a
parent/guardian grant Smarter Me a perpetual licence to use the Learner’s work, photographs or
videos of the Learner, and other materials for purposes such as publicising or promoting our Site
or the Lessons.

9. Indemnity

You agree to indemnify and hold Smarter Me, its affiliated companies and its suppliers and
partners harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising
out of your use or misuse of the Site, violation of these Terms of Use, violation of the rights of any
other person or entity, or any breach of the foregoing representations, warranties, and covenants.

10. Warranty disclaimer and limitation of liabilities

10.1. We provide the Site on an “as is” basis and make no representations as to the quality,
completeness or accuracy of any content made available on the Site. To the maximum extent
permitted by law, we expressly exclude:
  10.1.1. All conditions, warranties and other terms that might otherwise by implied by law into
  these Terms of Use, including, but not limited to, implied warranties of merchantability,
  fitness for a particular purpose, and non-infringement of proprietary rights; and

  10.1.2. Any and all liability to you, whether arising under these Terms of Use or otherwise in
  connection with your use of the Site.

10.2. The foregoing is a comprehensive limitation of liability that applies to all damages of any kind,
including (without limitation) compensatory, direct, indirect or consequential damages, loss of
data, income or profit, loss of or damage to property and claims of third parties. Notwithstanding
the foregoing, nothing in these Terms of Use is intended to exclude or limit any liability that may
not by law be excluded or limited, and in particular none of the exclusions and limitations in this
clause are intended to limit any rights you may have as a consumer under Singapore law or
statutory rights which may not be excluded, nor in any way to exclude or limit (site owner) liability
to you for death or personal injury resulting from our negligence or that of our employees or
agents.

11. Suspension or termination of account

11.1. Smarter Me reserves the right to suspend or terminate your account, at our sole discretion, if
Smarter Me or its designated payment processor is unable to verify or authenticate any
information (including payment information) you provide in connection with the purchase of
Lessons, or is notified of or reasonably suspects fraudulent, abusive or other unlawful activity
whatsoever in relation to your account or credit balance, or if you are otherwise in breach of these
Terms of Use or any other applicable terms and conditions of Smarter Me.

11.2. Please notify Smarter Me immediately if you dispute a transaction or believe that any transaction
occurring on your account is unauthorized.

12. Collection of personal information

We may collect and use information about you in accordance with our privacy policy. You can
view a copy of this policy by clicking here www.smarter.me/privacy.

13. Duration of terms

These Terms of Use are effective until terminated. We may, at any time and for any reason,
terminate your access to or use of the Site. If we terminate your access to the Site you will not
have the right to bring claims against us or our affiliates with respect to such termination. We and
our affiliates shall not be liable for any termination of your access to the Site.

14. Governing law

These Terms of Use will be governed by and construed in accordance with the laws of Singapore,
and the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising
under or in connection with these Terms of Use.