Terms of Service
These Terms and Conditions apply to all online orders that you make with Cublinc, Singapore; in our online shop cublinc.com. Detailed information about this can be found under section A) for the online shop, and under section D), which contains General Terms.
Furthermore, these Terms and Conditions apply for additional usage of the platforms cublinc.com, and for our mobile application "Cublinc" (hereinafter "Cublinc App"), and become valid on viewing our website at cublinc.com, or on viewing our Cublinc App.
Details about our Cublinc account can be found under section B).
Details about our EduBox product can be found under section C).
A) Order in the online shop
1. Order process and conclusion of contract
Our online shop displays products that are available for purchase. The product descriptions, images, and prices are provided for informational purposes.
By placing an order, you make an offer to purchase the selected products according to the terms specified. This offer is subject to acceptance by us.
Upon receiving your order, we will send an automated email acknowledging the receipt of your order. This acknowledgment does not constitute acceptance of your offer.
A contract between you and our online shop is formed only when we dispatch the products you have ordered. We reserve the right to refuse or cancel an order for various reasons including but not limited to product unavailability, errors in pricing or product information, or suspicion of fraudulent activities.
You have the right to cancel your order within a specified period of 14 days without giving any reason, as outlined in our Cancellation Policy. Please refer to that section for more details.
It's your responsibility to ensure that all information provided during the ordering process is accurate and complete.
We reserve the right to modify, change, or update the ordering process and terms without prior notice. Any changes will be effective immediately upon posting on our website.
If you have any questions or concerns about the ordering process or the conclusion of the contract, please contact our customer service at learn@cublinc.com.
2. Cancellation policy
You have the right to revoke from this contract within 14 days without giving any reason. The revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods or, in case of partial delivery, the last delivery. To exercise your right of revocation, you must notify us (cublinc.com, Singapore, email: learn@cublinc.com by means of a clear statement (e.g. a letter sent by post or email) about your decision to revoke this contract. You can use the enclosed withdrawal form, which is not mandatory. To meet the revocation period, you will be required to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Example of cancellation form
The revocation of your contract can be made in writing. You can use the template cancellation form in the text below, however, this is not compulsory. Alternatively, you can make your own cancellation form with the appropriate content of the cancellation template below:
To: cublinc.com, Singapore (email: learn@cublinc.com)
- - Hereby I / we (*) revoke the from me / us (*) concluded contract for the purchase of the following goods / the following service (*): __________________________________________
- - Ordered on / received on (*): __.__.____
- - Name of the consumer (s): ________________________________
- - Address of the person Consumer (s): ______________________________
- - Consumer’s signature (s) (only if communicated on paper):
- - Date: __.__.____
3. Voluntary return guarantee
In addition to your statutory rights in the event of defects and independently of the aforementioned statutory right of revocation, which exist in each case free of charge, you may return "EduBox Pack" purchased from us within the framework of our voluntary return guarantee 30 days, and all other products purchased from us within the framework of our voluntary return guarantee 60 days from receipt of the goods, provided that the goods are complete and in unused and undamaged condition and for ("Return Guarantee").
A return is only possible in its entirety. The return of single items from a pack is not possible.
If you return products in accordance with this voluntary Return Guarantee, we will refund your purchase price. Shipping costs from the original purchase will not be refunded. The return for deliveries within the EU may only be made with the same shipping provider with whom the delivery was made. If you have any questions, feel free to contact our team via email: learn@cublinc.com.
4. Prices, Shipping Costs, and Incorrect Address Information
We try to make sure that all prices on our website are correct. If we discover a mistake in the price of any products you have ordered, and the correct price is lower than stated, we will honour this by shipping your order and charging the lower price. If the correct price is higher than indicated, we will inform you as soon as possible so that you can either confirm or cancel the order at the correct price (if we cannot reach you, we will treat your order as cancelled); in case of cancellation, we will refund any pre-paid payments in full.
In addition to the price, we will charge shipping costs where applicable; These are displayed in the shopping cart and shown in the shipping confirmation.
Costs that result from an incorrect address given by you will be forwarded on to you. We are not liable for possible delays or other customer disadvantages arising from incorrect address details.
5. Transport Damage
We carry risk and liability for any transportation damage until the physical delivery to you or your representative has been made. This also applies to returns unless you have not packed the goods properly.
6. Warranty
The statutory warranty rights apply.
B) Cublinc account
1. General information
Generally speaking, you can use our websites without having to register and you can place orders in our online shop as a guest. In order to set up your EduBox and use the special functions within Cublinc App, as well as to simplify the ordering process, access your order history and to simplify data management, you need a Cublinc account. To do this, we make it possible to register via our website cublinc.com.
2. Registering/Opening a Cublinc account
In order to register/open a Cublinc account, you only need an email address, a password, as well as a nickname, and you must also accept our Terms of Service and our Data Protection Policy. You can read either document at any time and from any page on cublinc.com. You can also print or save them.
After we receive your registration, you will receive a confirmation email from us. This email contains a verification link. Click on this link to verify your email address. You must complete the verification in order to finalise your registration. Only then can you use the same log-in details to log into the online website, the mobile application Cublinc App, set up your EduBox and use the other functions and advantages of your Cublinc account.
3. Your obligations as a user
You must ensure that the information you provide when you register is complete and correct. If this is not the case, we are entitled to close your Cublinc Account without providing any notice.
You are obliged to protect your credentials to access your Cublinc account and to inform us immediately of any unauthorised use or indications thereof, and to change your log-in details. If your account is misused, Cublinc reserves the right to close your account immediately and to take legal action.
Multiple registrations are not permitted.
4. Cancelling/Closing a Cublinc account
If you cancel/close your Cublinc account, your game library content and any files you have uploaded will be deleted after cancelling your account. If you cancel your Cublinc account, your order history and any personal information provided voluntarily or to place orders will also be deleted. It is impossible to transfer this information to another user before cancelling your account.
C) Usage of the EduBox
1. EduBox functionality
Cublinc is a toy modular system using bluetooth in order to communicate with any end user devices (e.g. mobile phone, tablet, etc.). All of our digital content is located in Cublinc. To use the EduBox, it must be connected to the internet for the first use in order to set up and verify your devices based on their ID. Once they have been verified, you do not need to have an internet connection to enjoy the EduBox functionalities. However, internet will grant you access to more features like new games, global ranking, etc. It is therefore impossible to completely enable the device without your end device being connected to the Internet.
You must create a Cublinc account if you wish to set up the EduBox. By doing so, you can enable more games, and collaborative education.
2. Orders and conclusion of contract in the Game library
Prices are stated inclusive of all taxes. The prices in the Game library at the time of your order are the application prices. By selecting a content in the Game library, and by clicking "Buy now" you commit to purchase the selected content.
Game library content bought from the Game library cannot be returned. When you submit an order in our Game library, we obtain your explicit agreement to us being able to start executing the contract prior to passage of the cancellation period by having you tick a checkbox before you make your order; you also confirm your knowledge that your right of order cancellation expires once the contract begins being executed. Your statutory rights are not affected by this.
Your order represents an offer to Cublinc to conclude a purchase agreement. After you have submitted your order and paid for it, we allocate the purchased Game library content to your Cublinc account in Cublinc. By providing the purchased content in Cublinc, we accept your offer, the purchase agreement takes effect and its execution begins. You will now be ready to use your purchased Game Library content through Cublinc App whenever you like.
As soon as you have submitted your order in the Cublinc library, we will send you an automated message confirming receipt of the order and listing the order details (‘order confirmation’).
We will save your contractual data in order to process your order. For more information about this, please refer to our Privacy Policy
3. Usage of Cublinc App
Use of our App is subject to the same terms and conditions as when using our website at cublinc.com.
4. Your obligations as a Cublinc user
With the membership "Teacher", you are able to create your own games, and then to upload content to Cublinc. As a Cublinc user with a Cublinc account, you are obliged to refrain from uploading to Cublinc any files that violate applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency. This, in turn, means that you must possess all necessary rights to use the files you upload. You must explicitly reconfirm the above conditions by clicking a corresponding read confirmation before uploading your own files for the first time.
Furthermore, as a user with a Cublinc account you are obliged to refrain from uploading data that contains software viruses or other information, files or programs that are intended or can be used to disrupt, destroy, or restrict the functionality of computer software or hardware or telecommunications equipment.
No user is permitted to interfere with our online service or the servers or networks associated with it or disrupt them, violate regulations, procedures or other rules for networks associated with our online service or to collect or store data from other users.
5. Our rights
Cublinc is entitled to review, modify and store all content uploaded to Cublinc and share it with third parties if required by law or if necessary and legally permissible after due consideration in order to (a) fulfil legal specifications or court or official orders, (b) enforce these Terms of Service, (c) respond to third-party claims regarding a violation of rights, (d) safeguard the rights, property or personal safety of Cublinc and its employees, our users or the public, (e) identify/resolve technical problems and respond to complaints through our Customer Service or (f) implement security measures to protect against viruses or hacker attacks or other comparable malicious applications or files.
If these Terms of Service, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds, we are entitled, at our discretion, to delete content uploaded to Cublinc without giving reason. Furthermore, we reserve the right to cancel your Cublinc-Account in these cases. We also reserve the right to file further claims.
6. Copyright
All of the content of our service is protected by trademarks, patents, copyrights and other intellectual property rights; in particular, text, software, photography, graphic files, illustrations, music, names, logos and marks are our property or that of our licensors. We are not aware of any opposing ownership or licence rights pertaining to Cublinc components. Should someone find that any content violates their rights, that person must contact us directly.
Users may not modify, publish, take from, sell, or transfer content in this service or parts of it, store such content in a database or use it commercially in any other manner. When content is loaded onto the EduBox from Cublinc, the user receives a non-exclusive right to use it on a non-commercial basis, provided the content is not modified.
When you upload content to Cublinc for creating custom educational content, you automatically assign to us all rights to use the relevant content in such a manner that they are (a) without time restriction, (b) irrevocable, (c) free of charge and (d) non-exclusive, and that the content can be transferred from Cublinc to EduBox when the relevant educational content is used. We will of course not use the content for any other purpose. You will indemnify us for all third-party claims and hold us harmless against them where third parties exercise claims based on a violation of their rights, especially copyrights or other intellectual property rights, due to the content you upload. The same also applies to claims exercised in relation to competition law.
7. Changes to our service
We are further entitled to modify, pause, or end our Cublinc service (including the Game Library at cublinc.com, and the Cublinc App) without informing you of this in advance.
D) General terms
1. Our liability
We will not be held liable for technical failures caused by circumstances for which we are not responsible or caused by agents; we will also not be held liable for damage resulting from force majeure.
We disclaim our liability for the content that you upload for your Game Library and, in particular, we will not be held liable for this content’s compliance with applicable law (including copyright, personality rights or competition law), applicable case law and/or common decency, and neither for you possessing all necessary rights to use the uploaded files.
We will be held neither responsible nor liable for deleting files that you have uploaded to Cublinc for your Game library or for storing them in Cublinc. You, as a user, are required to store the content you upload elsewhere as well if you would like to use it securely on a permanent basis.
We will not be held liable if the Game library you use end up in the hands of unauthorised persons, thereby giving unauthorised persons access to your files.
We will not be held liable for deleting your files and/or your Cublinc account if these Terms of Service, legal regulations or third-party rights are violated or where we are compelled by other, objectively justified grounds. Further information about the consequences of deleting a Cublinc account can be found under section B).
In general, we assume unlimited liability for damage caused intentionally or through gross negligence by us, our legal representatives, or our agents.
We are liable for the negligent violation of duties essential to the performance of the relevant contracts, however only where they are foreseeable and typical for the type of contract; duties essential to the performance of the relevant contracts are those whose violation jeopardises the fulfilment of the purpose of the contract or whose fulfilment is essential for the proper execution of the contract and where the fulfilment can regularly be expected. We do not assume any further liability for negligence.
The above limitations of liability also apply with regard to the personal liability of our employees, legal representatives and agents.
The above limitations of liability do not apply in the event of loss of life, physical injury and damage to health, the acceptance of any guarantee for the suitability of a product and the fraudulent concealment of product defects.
2. Services marketed to adults
Our services advertised in the online shop and Game library are marketed solely to adults; we do not offer any products for sale to minors. Minors may only use our services under the supervision of a parent/caregiver. The same applies to opening a Cublinc account.
We are aware that our products are mainly used by children. Nevertheless, parents and guardians are responsible for ensuring that minors under their care understand and comply with the Cublinc Terms of Service written here.
3. Data protection
We take the protection of your personal data very seriously and ensure the safeguarding of your privacy. For more about this, please read our Privacy Policy.
4. Changes to the Terms and Conditions
We reserve the right to change or adapt these Consumer Terms and Conditions at any time. This will have no effect on your entitlement to use the digital content you have already acquired. The current version of the Terms and Conditions at the time of use/ordering is applicable and is the version that governs your order in our online shop and Game library.
Updated January 2024