These Terms of Use (and all the terms and conditions contained herein) govern your use of the services provided by Visualogic Resources (M) Sdn Bhd (Company No.: 199401034602) (hereafter referred to as " we" or " our" or " us"), a Malaysian entity, either itself or through its subsidiaries or licensees, via various electronic platforms such as mobile application(s) or via its website namely en-joey.com or any other platforms designated by us (the “Portal”).

By using the Portal, you are indicating that you have read, understand and agree to be bound by the terms and conditions herein. If you do not agree with its terms please do not continue using our services.

Information for parents

The terms and conditions of these Terms of Use are independent from your agreement (" Schooll's Agreement") with your childl's school ("School"). In the event of any conflict between these Terms of Use and the Schooll's Agreement, the former shall prevail.

When You Register with Us

To fully access or use the Portal, you are required to register for an account by providing, among others, your name, email address and password. You further confirm that you are above the age of majority, and are the parent or legal guardian of the child, or an authorized user assigned by the School.

You may post an image for the use of your online profile. By submitting such image, you represent and warrant that you are authorized to use such image and grant us the non-exclusive and royalty-free right to use the image.

You shall provide us with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms and conditions of these Terms of Use, which may result in immediate termination of these Terms of Use.

In registering an account, you shall not:

select or use as an account a name of another person with the intent to impersonate that person; use as an account a name subject to any rights of a person other than you without appropriate authorization; or use as an account a name that is otherwise offensive, vulgar or obscene.

We reserve the right to refuse registration of, or cancel an account in our sole and absolute discretion.

You shall be responsible for maintaining the confidentiality of your password and your account. You are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.

Unless specifically stated otherwise, the account is personal to you and cannot be shared with third parties or transferred to third parties.

The following additional terms also apply to your use of our Portal and form part of this Agreement:

Our Data Protection Policy sets out our policy concerning the collection, use and disclosure of your personal data (" Data") in compliance with the Personal Data Protection Standard 2015 (" PDPA"). By using our Portal, you consent to our collection, use and disclosure of your Data in the manner set out in our Data Protection Policy and you warrant that all Data provided by you is accurate. Should you wish to update your Data and/or withdraw your consent to our collection, use and disclosure of your Data, or should you have any feedback or enquiries relating to your Data, please contact our Data Protection Officer at en-joey.com.

When Content is Uploaded to Our Portal

You understand that all information, images, pictures, data, text, music, sounds, photographs, graphics, videos, messages, or other materials (" Content"), whether publicly posted or privately transmitted, is the exclusive work and property of the person from whom such Content originated.

We do not claim any permanent ownership of any Content you upload to our Portal. You retain copyright and any other rights you already hold in Content which you submit, post, upload or display on or through the Portal. When you submit, post, upload or display Content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license (and sub-licensable) to use, exploit and archive the Content in accordance with or as reasonably contemplated by these Terms of Use.

When you post, submit, or upload Content on the Portal you represent and warrant that:

you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display and reproduce the Content via the Portal. You license us to use and sub-license the Content in accordance with these Terms of Use; you and your Content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy; you or your Content, and your use, storage, reproduction and display on the Portal will comply with all applicable local and/or foreign laws, rules and regulations (where applicable).

We also allow the School and other users to upload Content which may feature your child or other children on the Portal. We trust you have no objection in such Content but if you have any objection or issue, please contact us at feedback@en-joey.com.

Your Content does not breach any of these Terms of Use, our Data Protection Policy; and your Content is not libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else.

Use of our Portal

You shall not use, allow, or enable others to use the Portal, or knowingly condone use of the Portal by others, in any manner that is, attempts to, or is likely to: use any proxy internet protocol addresses (IPs) in order to attempt to hide the use of multiple accounts, disrupt any of our services or to avoid being detected; be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may appear to impersonate anyone else; affect us adversely or reflect negatively on us, the Portal, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person from using all or any portion, features or functions of the Portal, or from advertising, linking or becoming a supplier to us in connection with the Portal; send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing"; transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information; violate any local and/or foreign laws, regulations, judicial or governmental order, any treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any other person; gain unauthorized access to the Portal, other usersl' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Portal or to use the Portal in any manner which violates or is inconsistent with the terms and conditions of these Terms of Use; modify, disrupt, impair, alter or interfere with the use, features, functions, operations or maintenance of the Portal or the rights or use and enjoyment of the Portal by any other person; collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, in connection with their or your use of the Portal, unless you have obtained the express, prior permission of such other person to do so; "stalk" or otherwise harass another; interfere with other userl's posts; circumvent or manipulate our fee structure, the billing process, or fees owed to us; post or provide false, inaccurate, misleading, incomplete, defamatory or libellous content; take any action that may undermine any ratings system that we may use; transfer your account and user identification to another party without our prior written consent; copy, modify, or distribute (i) content from any websites or (ii) any of our copyright or trade marks; harvest or otherwise collect information about users, including email addresses, without their consent; forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Portal; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any applicable local and/or foreign laws or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).

While we prohibit such conduct and content on our Portal, you understand and agree that we cannot be responsible for the content posted on our Portal and you nonetheless may be exposed to such materials and that you use the Portal at your own risk.

We do not manually screen content or control before it is displayed on the Portal so occasionally users may inadvertently or deliberately submit and display content that breaches these Terms of Use. This means that you, and not us, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Portal.

You may be exposed to content that is offensive, indecent or objectionable. Under no circumstances, we will be liable in any way for any content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Portal.

We reserve the right, in our sole and absolute discretion, to reject, edit or refuse to post any content and to remove any content from the Portal, whether or not the content is expressly prohibited by these Terms of Use, or to restrict, suspend, or terminate your access to all or any part of the services at any time, for any or no reason, with or without prior notice, and without liability.

You agree to adhere to our guidelines and if you fail to do so, we reserve our right to suspend or terminate your account. We also reserve our rights to introduce, change or amend our guidelines from time to time.

How We Deal with Personal Information

When you use the Portal, we will collect, store and use certain information as described in our Data Protection Policy.

How We Deal with Confidential Information

Confidential Information (defined below) is important to the both of us. In view of this, we will not disclose or use your Confidential Information and likewise, you will not disclose or use our Confidential Information.

“Confidential Information” means any information disclosed or made available to you by us, directly or indirectly, whether in writing, orally or visually. It includes but is not limited to images or information of other children or individuals published on the Portal, all information contained within our reporting systems and other performance metrics and any other technical or programming information we disclose or make available to you.

However, Confidential Information does not include information other than information that:

is or becomes publicly known and generally available other than through your action or inaction; or was already in your possession (as documented by written records) without confidentiality restrictions before you received it from us.

You acknowledge, consent and agree that we may access, preserve and disclose your account information and Content if required to do so by any local and/or foreign laws (where applicable) or in a good faith believe that such access preservation or disclosure is reasonably necessary to: (i) comply with any and all legal processes; (ii) enforce these Terms of Use; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect our rights, property or personal safety, our users and the public.

Our Liability to You When You Use Our Portal

You expressly agree that we, our directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors will not be liable for any loss of profits, data or costs of procurement of substitute goods or services, or for any other indirect, special, incidental, punitive, consequential damages arising out of or in connection with these Terms of Use or other intangible losses, however caused, and under whatever cause of action or theory of liability brought, even if we have been advised of the possibility of such damages, resulting from: your access to or use of or inability to access or use the Portal; any conduct or content of any third party on this Portal, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; your access to any Third-Party Sites (as defined below) or any Third-Party Content (as defined below) and your use of any third-party tools made available for your use on this Portal; any Content obtained from this Portal; and unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract, tort (including negligence) or any other legal theory, 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.

If you are dissatisfied with any aspect of this Portal, or with any of these terms of use, your sole and exclusive remedy is to discontinue your access and/or use of this Portal. This limitation of liability shall apply to the maximum extent permitted by law.

You acknowledge that we may not be able to confirm the identity of other registered users or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

You must ensure that your access to this Portal and the service is not illegal or prohibited by any local and/or foreign laws that may apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this Portal and our service does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this Portal or any linked website.

Dispute with Other Users and the School

If you have a dispute with one or more users or the School, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Our Intellectual Property Rights

You acknowledge that we own all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to the Portal, and that you will not acquire any rights, titles, or interests in or to the Portal except as expressly particularized in these Terms of Use.

You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Portal or proprietary information related thereto.

You will not remove, obscure, or alter our copyright notice or other proprietary rights notices affixed to or contained in the Portal.

"Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, moral rights law, trade secret law, trade mark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

Marketing and Notifications

We may send you information containing advertisements and/or promotions of our affiliates and/or partners.

If you have however opted out of such advertisements and/or promotions from our affiliates and/or partners, we may still send you notification(s) relating to on-going activities on the Portal and/or to inform you about new products or services provided by us.

You may unsubscribe by contacting us at feedback@en-joey.com or by using the unsubscribe option in the email updates that we forward to you.

When Can We Suspend or Terminate Your Account?

We may suspend or terminate your access to all or any part of the Portal at any time, with or without cause, effective immediately. You may terminate your use of the Portal at any time, provided that all provisions of these Terms of Use, which shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We will suspend or terminate your access to the site if you are determined to be, in our sole discretion, a repeat infringer of these Terms of Use

Your access to this Portal is also governed by the relationship between you and the School. In the event that the School instructs us to suspend or terminate your access to this Portal, we will immediately do so.

We also reserve the right to suspend or cancel your account that has been inactive for extended periods of time.

We may, but shall not be obligated to, give you one warning if you have violated these Terms of Use prior to the suspension and/or termination of your account.

What Happens After Termination?

In the event that these Terms of Use are terminated for whatsoever reasons, the following shall be applicable:

your access to the Portal shall immediately terminate; you shall continue to comply with all of the obligations on your part under these Terms of Use which are not affected by termination; we reserve the right to permanently dispose and delete any data held in the Portal without further reference to you; and any claim which either party may have against the other in respect of any breach or non-performance or repudiation of any of the provisions of these Terms of Use which shall have occurred prior to such termination shall not be affected or prejudiced.

What Happens if there is a Dispute Between Us?

These Terms of Use will be governed by the laws of Singapore, except where expressly provided for in these Terms of Use, and parties agree that any dispute or claim between you and us will be adjudicated in the courts in Singapore and the parties submit to its exclusive jurisdiction.

Can We Modify these Terms of Use?

We reserve the right to change our terms and conditions herein from time to time. We may change any or all aspects of services provided by the Portal at any time and without notice. Nothing in these Terms of Use will constrain how we operate our business. You shall be responsible for reviewing and becoming familiar with any such modifications.

If the alterations constitute a material change to our terms and conditions, we will notify you by posting a notification on this Portal. Use of the services by you following such notification constitutes your acceptance of the terms and conditions as modified.

What constitutes a "material change" will be determined at our sole and absolute discretion, in good faith and using common sense and reasonable judgment.

General Terms

You agree to indemnify, defend and hold us, our agents, affiliates, shareholders, subsidiaries, directors, officers, employees, and applicable third parties (e.g. syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Portal and/or your breach of any term of these Terms of Use.

This Portal may contain links to third-party web sites (" Third-Party Sites") and third-party content (" Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Content or Third-Party Sites. We provide these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

If any of these terms and conditions of these Terms of Use is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part of these Terms of Use will not be affected.

Some of the information herein is provided by the School. You are solely responsible for accessing the information contained on the Portal and any reliance you may place on such information is done solely at your own risk. Your dealings or communications with the School, and any terms, conditions, warranties or representations associated with such dealings are solely between you and the School. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of such information appearing on this Portal.

In our sole discretion, we may assign these Terms of Use.

Headings used in these Terms of Use are for reference purposes only and do not limit the scope or extent of such section.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches

We do not represent or warrant that:

access to the Portal or any part of it, will be uninterrupted, reliable and/or fault-free; or the Portal or any of its contents will be accurate, complete and/or reliable.

We do not guarantee or warrant that the data stored in our server or generated by the Portal will be backed up. You shall be responsible for keeping an independent backup of all data stored or generated. You are also responsible for maintaining accurate data. However, in the event that your records do not correspond with our records, the latter shall prevail.