| 1. |
DEFINITIONS AND INTERPRETATION |
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| 1.1 |
In this Agreement, the following
words shall have the following meanings, unless the context otherwise
requires : |
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| Agreement |
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comprises of the completed
Application Form (and its attachments) and these Website Terms and
Conditions of Use; |
| Application Form |
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the application or registration
form in relation to any online courses, products or services accessible
through this Website; |
| Contents |
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shall have the meaning
ascribed to it in Clause 2.1; |
| Password |
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shall have the meaning
ascribed to it in Clause 3.1; |
| Restricted Areas |
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shall have the meaning
ascribed to it in Clause 3.1; |
| Student |
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the person who has decided
to submit his completed Application Form to be a paying member
and whose application to register for any online course, product
or services on this Website is accepted by us, all subsequent
to his or her earlier signing up to a general membership allowing
access to some basic functions of the website . Neither Party
shall act or describe itself as the agent of the other, nor shall
it make or represent that it has authority to make any |
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commitments on the other's
behalf. The Parties acknowledge and agree that this Agreement
shall not constitute, create or give effect to or otherwise notify
any partnership, joint venture, agency, pooling arrangement or other
formal business organization of any kind between the Parties. |
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| 1.2 |
Other defined terms |
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Other terms may be defined elsewhere in the text
of this Agreement and, unless otherwise indicated, shall have such meaning
throughout this Agreement. |
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| 1.3 |
Interpretation |
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| 1.3.1 |
The words " hereof", "herein" and "hereunder" and
words of similar import when used in this Agreement shall refer to this
Agreement as a whole and not to any particular provision of this Agreement. |
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| 1.3.2 |
The words " include", "including" and "among
other things" shall be deemed to be followed by "without limitation" or "but
not limited to" whether or not they are followed by such phrases or words
of similar import. |
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| 1.3.3 |
The headings are for convenience only and shall not
affect the interpretation hereof. |
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| 1.3.4 |
Unless the context otherwise requires
or permits, references to the singular number shall include references
to the plural number and vice versa and references to persons
shall include bodies incorporate or unincorporated, and vice versa . |
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| 1.3.5 |
Where a word or expression is defined
or the construction of any word or expression is addressed, any grammatical
variation of such defined word or expression shall be construed accordingly. |
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| 2. |
CONTENTS |
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| 2.1 |
The materials located on this Website, including
all information, photographs, audio and video clips, graphical elements,
forms, diagrams, text, computer animation, music, lyrics, sound effects,
visual effects and software programs available on or through this Website
(collectively " Contents "), are protected by copyright,
trademark or other proprietary rights. All rights, title and interest
in and to the Contents are owned, licensed to or controlled by us or
third parties. |
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| 2.2 |
Except as otherwise indicated with respect to
a particular Content, online workshop or course provided on this Website,
you may only view and print one copy of the Contents for your own personal,
educational and non-commercial use. You may not copy, store, either
in hardcopy or in an electronic retrieval system, transmit, transfer,
perform, broadcast, publish, reproduce, create a derivative work from,
display, distribute, sell, license, rent, lease or otherwise transfer
any of the Contents to any third person whether for direct commercial
or monetary gain or otherwise without our prior written permission. We
reserve the right to take any legal or other action as we may deem appropriate
against any party(ies) for any unauthorized use (including use for commercial
benefit) of this Website or any of the online courses, products or services
offered. |
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| 2.3 |
Any rights not expressly granted herein to you
are reserved. |
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| 2.4 |
Except as otherwise indicated with respect to
a particular Content, by uploading or posting materials or Contents to
on the Website, you shall be deemed to have granted (or warrant that
the owner of such rights has expressly granted) to us a perpetual, royalty-free,
irrevocable and non-exclusive world-wide right to use, edit, modify,
adapt, copy, publish, reproduce, distribute, translate, create
derivative works from them and distribute such works, or incorporate
the materials or Contents into any form, format, medium or technology
now known or later developed as we may deem fit. You warrant and represent
to us that you are authorized to grant all those rights set out in the
foregoing sentence. In addition, you shall also be deemed to waive all
moral rights in those materials or Contents. |
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| 2.5 |
We do not monitor, review, screen or edit Contents
posted by you and we are not responsible for such Contents. However,
we reserve the right to delete, move or edit any Contents (including
messages posted in any online forum) that we deem, in our sole discretion,
to be in breach of this Agreement or in violation of any applicable law
or is otherwise objectionable. You are responsible for all Content
posted by you or by any other person using your user account. |
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| 3. |
REGISTRATION AND ENROLLMENT |
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| 3.1. |
Portions of this Website may currently be freely
accessible. Other portions (" Restricted Areas ") are
restricted to those who have registered themselves with us using the
Application Form and paid for access. As part of the registration process,
you will be given a user ID and password (" Password ")
and will be required to provide certain information about yourself. |
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| 3.2 |
You acknowledge and agree that you acquire no
rights to any user ID, Password, mailbox number or any other reference
or codes assigned to you. We reserve the right to change or re-assign
any of the same to you at our sole discretion without being liable to
you for any damages or loses suffered. |
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| 3.3 |
You agree to provide us on an on-going basis with
accurate, complete and updated registration and enrollment information
of yourself as a Student. |
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| 3.4 |
In addition, you agree to the following:- (a)
to provide only your own name to obtain a Password; (b) not to falsify
your name or information, submit bogus information, or impersonate another
person; (c) to use only you own name and Password to gain access to Restricted
Areas; (d) that you are responsible for maintaining the confidentiality
of your Password; and (e) that you will only access or try to access
those Restricted Areas to which you have authorization to access. |
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| 3.6 |
You are responsible for : (a) all use of your
user account under your user ID by any person whether or not authorized
by you; and (b) ensuring that all use of your user account complies with
this Agreement. |
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| 3.7 |
You agree to promptly notify us of any known or
suspected unauthorized use of your user ID or Password or any known or
suspected breach of security, including loss, theft or unauthorized disclosure
of your Password. |
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| 3.8 |
We shall not be liable for any loss or damage
incurred by you or any third party due to any wrongful use of your account
by you or any wrongful or fraudulent use of your account by any other
person. |
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| 4. |
FEES AND PAYMENT |
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| 4.1 |
Although portions of this website can be viewed
simply by visiting the pages or registering as a general member, you
must be registered as a Student with us before you are entitled to
participate in the online courses or products or services accessible
through this Website. |
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| 4.2 |
You shall pay all fees and charges for the online
courses, products and services indicated in your Application Form at
the applicable rates set out therein or as may be prescribed by us from
time to time. These fees and charges shall be payable at or within the
stated time and are non-refundable unless under specific promotions . |
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| 4.3 |
All payments must be made in a timely manner and
effected through World Pay or such other electronic payment gateway designated
by us and notified to you via email from time to time. |
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| 4.4 |
You shall be responsible and we shall not be liable
for any charges of whatever nature incurred in connection with or pursuant
to the use or purported use, whether authorized or unauthorized , of
your account. |
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| 5. |
CODE OF CONDUCT ON THE WEBSITE |
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We provide online educational services and products
and build virtual educational communities which are accessible over this
Website. By accessing and using this Website or by participating in any
of the virtual educational community you agree to observe and be bound
by this Website's Code of Conduct (as the same may be amended from time
to time), which is incorporated herein by reference. Please click here
to read our Code of Conduct. |
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| 6. |
OUR PRIVACY POLICY |
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| 6.1 |
General |
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| 6.1.1 |
Our policy is to respect and protect the privacy
of persons who use our Website. We have instituted strict policies intended
to ensure that your personal information (ie information which identifies
and is personal to you such as name, address, email, telephone number
etc) is protected. |
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| 6.1.2 |
No data transmission over the Internet can be
guaranteed to be 100% secure. As a result, whilst we strive to protect
your personal information, we cannot ensure or warrant the security of
any information you transmit to us or from our online products or services,
and you acknowledge and agree that you do so at your own risk. |
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| 6.2 |
What information we collect |
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| 6.2.1 |
We may collect information about you to improve
the content on the Website and in our online courses, products or services
and for marketing, promotional, and other reasonable commercial purposes.
Such data may include information gathered when you first register at
our Website or respond to surveys or other requests for information. |
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| 6.2.2 |
We do not collect personal information about you
unless you provide it voluntarily. We will not require disclosure
of more information than is reasonably necessary for participation in
our Website, any online courses, products or services. |
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| 6.3 |
How we use your information |
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| 6.3.1 |
We maintain all data, educational information
and files on our Students as confidential. We do not sell or share any
personal information or our database. We have strict policies and procedures
to ensure that these are not disclosed to unauthorized persons. |
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| 6.3.2 |
Notwithstanding Clause 6.3.1 above:- |
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a) |
we reserve the right to disclose your personal information
if required to do so by law, or if disclosure is reasonably necessary
to comply with legal process, respond to claims or to protect the rights,
property or safety of our company, its employees, other Students or the
public.
We co-operate with law enforcement authorities and
other third parties to enforce law, intellectual property and other rights,
and we reserve the rights to report any information related to suspicion
of illegal activity to law enforcement authorities for prosecution. We
also reserve the right to release personal information about a user of
our Website whom we reasonably believe is in violation of the law or
to be in breach of this Agreement. |
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b) |
information about our users/subscribers, including
personal information, may be disclosed as part of any merger, acquisition,
debt financing, sale of company assets, (as well as in the unlikely event
of an insolvency or receivership) in which personal information could
be transferred to third parties as one of the business assets of our
company. |
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c) |
we may, however, use aggregate information that
does not identify you personally, or share aggregate information about
our users/subscribers with advertisers, business partners, sponsors and
other third parties. |
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| 6.4 |
Links to other websites |
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You should be aware that when you are on this
Website, you may be directed to other websites that are beyond our control. We
are not responsible for the content or information collection practices
of these other websites. Please note that these websites' privacy policies
may differ from our privacy policy. We strongly encourage you
to review and understand their privacy practices before providing them
with information. |
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| 7. |
YOUR OBLIGATIONS |
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| 7.1 |
You agree that your obligations shall include
the following :- |
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| 7.1.1 |
that you shall be responsible at your own cost
to ensure that you have the requisite minimum hardware and software requirements
and configurations (including all facilities, resources, power points,
electricity, conduits, pipes, access, license or easement) in order to
properly access and use the Website and participate in the online courses
you have enrolled; |
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| 7.1.2 |
that you shall comply with all notices, instructions
and directions given by us in respect of the use of this Website or by
your online instructors or tutors in respect of the courses you have
enrolled; |
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| 7.1.3 |
that you shall be responsible at your own cost
for obtaining all licenses, permits, approvals and intellectual property
rights or other rights required for your use of this Website; |
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| 7.1.4 |
comply with the rules of any network through which
you access the Website; |
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| 7.1.5 |
that you are solely responsible for all Contents
and information retrieved, stored or transmitted through this Website
by you; |
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| 7.1.6 |
that you shall, in accessing and using this Website,
comply fully with all relevant laws and regulations to which you are
subjected; and |
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| 7.1.7 |
that you shall not use the Website for any unlawful
purposes. |
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| 8. |
NO WARRANTIES / DISCLAIMERS |
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| 8.1 |
As to the Website, products and services |
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| 8.1.1 |
Due to the inherent defects of electronic distribution,
there may be delays, omissions or inaccuracies in the Contents, and although
we endeavour to ensure that the Contents are accurate, correct and complete,
they are provided to you on an "as is" basis and without warranties of
any kind. |
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| 8.1.2 |
We do not make any representations and hereby
disclaim with respect to this Website, its Contents, all online courses,
products and services accessible through this Website (including their
use by you) all express, implied and statutory warranties of any kind
to you or any third party, including, but not limited to, representations
and warranties regarding accuracy, timeliness, reliability, completeness,
currentness, non-infringement of intellectual property or other rights,
merchantability or satisfactory quality, or fitness for any particular
purpose, or any representations or warranties arising from usage or custom
or trade or by operation of law. We assume no responsibility for the
consequences of any errors or omissions. You acknowledge and agree that
any reliance you place on the Website, its Contents and the products
and services shall be at your own risk. |
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| 8.1.3 |
You understand and agree that any Contents or
data downloaded or otherwise obtained through the use of this Website
is at your own discretion and risk and that you will be solely responsible
for any damage to your computer system or loss of data that results from
the download of such Contents or data. |
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| 8.1.4 |
We do not warrant that this Website will be provided
on an uninterrupted basis or is secure or error-free or that all
defects (if any) will be corrected. |
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| 8.1.5 |
We do not warrant or make any representations
regarding the use or the results of the use of the Contents or any of
the online courses, products or services accessible through this Website,
nor that there will be any change or improvement in the academic skills
or results of any Student. |
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| 8.1.6 |
Although we intend to take commercially reasonable
steps to prevent the introduction of viruses, worms, "Trojan Horses" or
other destructive materials, we cannot and do not guarantee or warrant
that this Website or the server that makes it available or Contents that
may be downloaded from the Website do not contain such destructive features. We
shall not be liable for any loss, damage or harm attributable to such
features. |
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| 8.1.7 |
We may, but shall not be obliged to, perform
any system backups on Contents or information stored within the server
serving the Website. We shall not be responsible nor be under any obligation
to provide historical data or to assist you in downloading, faxing or
reading to you any of your information or Content which you have posted
on the Website. |
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| 8.1.8 |
You agree that your participation in the activities
of this website (or subordinate websites) is entirely at your own risk.
Apart from any warranty expressly made by us in this Agreement, no information
of any nature and in whatever form which you have obtained from us, our
related companies and affiliates and licensors, our/their officers, directors
and employees shall create any other warranty. |
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| 8.2 |
As to third party websites |
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| 8.2.1 |
We explicitly disclaim any responsibility for
the accuracy, content or availability of information found on sites that
link to or from this Website. Since some websites employ automated search
results or otherwise link you to websites containing information that
may be deemed inappropriate or offensive, we cannot be held responsible
for the accuracy, copyright compliance, legality or decency of materials
or content contained in third party websites, and you hereby irrevocably
waive any claim against us with respect to such websites. |
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| 8.2.1 |
We cannot ensure that you will be satisfied with
any products or services that you purchase from a third party website
that links to or from this Website. We do not make any representations
or warranties as to the security or any information (including without
limitation, credit card and other personal information) you might be
requested to give any third party, and you hereby irrevocably waive any
claim against us with respect to such sites. We strongly encourage you
to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third
parties. |
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| 9. |
LIMITATION OF LIABILITY |
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| 9.1 |
We shall not be liable to you or anyone else for
any direct, indirect, incidental, special, punitive or consequential
damages: (a) arising out of or in connection with any interruption,
suspension or termination of the Website, or the use or inability to
use the Website or Contents; (b) for the cost of procurement of substitute
products or services; (c) resulting from any products or services purchased
or obtained or messages received or transactions entered into through
this Website; (d) resulting from unauthorized access to or alteration
of your transmissions or data, including but not limited to damages for
loss of profits, use, data or other intangibles; even if, in each case, we
have been advised of the possibility of such damages. |
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| 9.2 |
We shall not be liable to you for : (a) any psychological
setbacks arising from your participation in any online courses or from
your use of any products or services accessible through this Website;
(b) any act, omission, message, comment of or made by other Students
or users of this Website; (c) any physical injury or any side-effects
arising from the use of your computer system in participating in any
of the online courses or use of any products of services accessible through
this Website; and (d) any act, omission, negligence, or incompetency
of any of online course instructors or tutors. |
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| 9.3 |
In no event shall we be liable to you or to anyone
else for any loss or injury caused in whole or in part by contingencies
beyond our control or negligence in procuring, compiling, interpreting,
editing, writing or delivering of any Contents. |
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| 9.4 |
In no event shall our total liability to you for
all damages, losses, and causes of action (whether in contract, tort
(including but not limited to negligence) or otherwise) exceed the amount
of fees/price paid by you for the online courses enrolled by you through
this Website and provided that under no circumstances shall the total
liability exceed 3 months of the course fee that the student had paid
at the time when the damage is suffered. |
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| 10. |
INDEMNITY |
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You agree to indemnify and keep us, our related
companies and affiliates and licensors, our/their officers, directors
and employees (each and collectively the " Indemnitees ")
indemnified from and against any claim, demand, actions, proceedings,
liability, losses (whether direct, indirect or consequential), damages
(whether in tort, contract or otherwise) costs and expenses (including
legal costs on a full indemnity basis) whatsoever (including claims made
by third parties and claims for defamation, infringement of intellectual
property rights, death, bodily injury, wrongful use of computers, unauthorized
or illegal access to computers, hacking, property damage or pecuniary
losses howsoever arising) which the Indemnitees may sustain,
incur, suffer or pay arising out of or in connection with: (a)
your use of the Website; (b) any breach by you of any provisions of this
Agreement; (c) any act, omission or default by you; (d) your infringement
of any intellectual property or other rights; (e) any use or alleged
use of your account or Password by any person whether or not authorized
by you; or (f) any publication, distribution or redistribution related
to any materials posted by you or the use of such materials by any person,
including liability resulting from any virus, work, "Trojan Horse" or
other contaminating or destructive feature of such materials. |
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| 11. |
TERMINATION |
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| 11.1 |
Termination without cause |
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Either you or we may at any time terminate without
cause this Agreement by giving to the other 30 days' prior notice
via email. |
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| 11.2 |
Termination for cause |
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We may terminate this Agreement with immediate
effect by an email notice to you:- |
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| 11.2.1 |
if, in our sole opinion, you have breached any
of the terms and conditions of this Agreement (other than pertaining
to payment of monies or fees) and you refuse, neglect or fail to remedy
such breach within 30 days from the date of a email notice to that
effect from us; |
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| 11.2.2 |
if any monies or fees payable by you under this
Agreement is not settled in full or if any deposit or increase thereof
required by us not paid, by the stated due date; |
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| 11.2.3 |
if you have provided any false, misleading or
incomplete registration/enrollment information to us; |
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| 11.2.4 |
if, in our sole discretion you have infringed
on the intellectual property or other rights of any person; |
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| 11.2.5 |
if you die or are declared a bankrupt; |
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| 11.2.6 |
if we have been directed by the relevant
regulatory authorities to discontinue the Website or the provision of
any of the products or services offered on or through the Website; |
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| 11.3 |
Without prejudice to Clause 11.2 and any other
right or remedies available to us, in the event we shall, in our opinion,
determine that you have breached any of the provisions of this Agreement,
we reserve the right to:- |
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| 11.3.1 |
warn you via email that you have breached the
terms and conditions of this Agreement; |
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| 11.3.2 |
delete any or all Contents provided by you to
this Website; |
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| 11.3.3 |
notify and/or send any Contents to and to fully
co-operate with the relevant law enforcement authorities for further
action; and / or |
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| 11.3.4 |
take any other action which we deem appropriate. |
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| 12. |
AMENDMENTS TO AGREEMENT |
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We reserve the right to amend, revise or supplement,
at our discretion, this Agreement at any time and from time to time and
you shall be deemed to be aware of and be bound by all such changes upon
publication on this Website. Please check this area before you use the
Website to determine if any change has been made to the terms and conditions
of this Agreement. If you do not agree to any of such changes as they
may occur, please arrange to terminate your registration with us immediately
by (i) notifying us via email of your unwillingness to accept the said
changes, and (ii) by discontinuing your use of this Website. Your
continued use of this Website will signify your acceptance of any change
in the terms and conditions of this Agreement. |
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| 13. |
Changes to the Website |
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We reserve the right to modify or discontinue
this Website or any online courses, products or services with or without
prior notice to you and without any liability whatsoever to you or any
third party. |
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| 14. |
GOVERNING LAW AND ARBITRATION |
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| 14.1 |
This Agreement shall be governed by and construed
in accordance with the laws of the Republic of Singapore, without giving
effect to any principles of conflicts of laws. |
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| 14.2 |
Any dispute arising out of or in connection with
this Agreement (including any question regarding its existence, validity
or termination) which cannot be resolved by amicable settlement between
you and us shall be referred to and finally resolved by arbitration in
Singapore in accordance with the Rules of the Singapore International
Arbitration Centre (" SIAC ") for the time being in
force which rules are deemed to be incorporated by reference to this
clause. The arbitration shall be conducted by a single arbitrator appointed
by the Chairman of the SIAC and such appointment shall be binding on
the parties. The language of the arbitration shall be English. Any
award made hereunder shall be final and binding and may be used as a
basis for enforcement thereof in Singapore or elsewhere. |
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| 15. |
ASSIGNMENT |
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Neither this Agreement, nor any rights or obligations
hereunder, may be assigned, mortgaged, charged or otherwise transferred
by you without our prior consent. |
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| 16. |
FORCE MAJEURE |
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| 16.1 |
We shall have no liability nor be deemed to be
in breach of this Agreement, or be liable for any failure to perform
or any delay in the performance of our obligations under this Agreement
to the extent that such non-performance or delay is due to any event
beyond our reasonable control. In any of such events we shall for the
duration of such event be relieved of such obligations under this
Agreement as is affected by the said event Provided That this Agreement
shall remain in force with regard to all other obligations under this
Agreement which are not affected by such event And Provided Further That
the parties shall resume their full obligations under this Agreement
upon the cessation of such event. |
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| 16.2 |
Our obligations hereunder shall be suspended during
the time and to the extent that we are prevented from complying therewith
by any such force majeure event. We shall give you notice thereof, specifying
the nature and details of such event and the probable extent of the delay. |
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| 16.3 |
We shall be entitled to terminate this Agreement
by notice to you if such any such force majeure event prevents our performance
of this Agreement for more than 90 consecutive days. |
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| 17. |
MISCELLANEOUS |
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| 17.1 |
Notices |
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| 17.1.1 |
Any notice or other communication given or made
under this Agreement shall be in writing and may be sent by electronic
mail or by facsimile transmission or by prepaid registered letter (airmail
if overseas), addressed as follows: |
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a) |
if to us, at our mailing address and numbers as
set out Questation E-Learning Technologies Pte Ltd 22 Malacca Street,
Royal Brothers Building
Raffles Place, #09-00, Singapore 048498 ; Tel:(65) 62414465 Fax:(65) 62340335 |
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b) |
if to you, at your mailing address and numbers
as provided by you in your completed Application Form submitted to us; |
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or to such other address, facsimile transmission
number or email as the relevant addressee may substitute in the future
by a notice that complies with this Clause. |
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| 17.1.2 |
Any such notice or other communication shall be
deemed to have been duly served, given or made (i) in the case of posting,
(if within Singapore) 2 days (or if overseas, 5 days) after the envelope
containing it was posted and proof that the envelope was properly addressed,
prepaid, registered and posted shall be sufficient evidence that such
notice or other communication has been duly served, given or made; or
(ii) in the case of a facsimile transmission, upon receipt of a confirmed
transmission report; or (iii) in the case of an electronic mail transmission,
upon successful completion of its transmission Provided That a hard copy
of such notice or communication is also sent to the addressee by any
of the other methods of service herein within the next 24 hours. |
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| 17.2 |
Entire agreement |
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This Agreement embodies and sets out the
entire understanding between you and us relating to its subject
matter and supersedes all prior or contemporaneous, representations,
agreements, arrangements or understandings, either oral or written, between
you and us relating to such subject matter. |
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| 17.3 |
Waiver |
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| 17.3.1 |
No failure or delay on the
part of any party to exercise any right, power or privilege under this
Agreement shall be construed or operate as a waiver thereof, nor shall
any single or partial exercise of any right, power or privilege preclude
the exercise of such right, power or privilege. |
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| 17.3.2 |
In the event that any party
shall expressly waive any breach, default or omission hereunder, no such
waiver shall apply to, or operate as, a waiver of similar breaches, defaults
of omission or be deemed a waiver of any breach or omission hereunder. |
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| 17.4 |
Invalid clauses |
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If any one or more of the provisions contained
in this Agreement shall be invalid, illegal, or unenforceable in any
respect, the validity, legality and enforceability of the remaining provisions
contained herein shall not in any way be affected or impaired thereby. |
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| 17.5 |
Relationship of parties |
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Neither party hereto shall act or describe itself
as the agent of the other, nor shall it make or represent that it has
authority to make any commitments on the other's behalf. The parties
acknowledge and agree that this Agreement shall not constitute, create
or give effect to or otherwise notify any partnership, joint venture,
agency , pooling arrangement or other formal business organization of
any kind between the parties hereto. |
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| 17.6 |
Third Parties |
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Nothing in this Agreement shall be considered or construed as
conferring any right or benefit on a person who is not a party to this Agreement,
and the parties do no intend that any term of this Agreement should be enforceable,
by virtue of the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore,
by any person who is not a party. |
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This Website Code of Conduct shall be read, taken
and construed as an integral part of the Agreement. Any
non-compliance or breach of this Code of Conduct is a non-compliance
or breach of the Agreement, whereupon we are entitled, at our discretion,
to either suspend your account or terminate this Agreement. |
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By accessing and using this Website or by participating
in any of this Website's educational products or community, you shall
be deemed to agree to the following:- |
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| 1. |
You shall not post any messages or materials
anonymously or under a false name. |
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| 2. |
You agree not to impersonate any other person
or entity, whether actual or fictitious. |
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| 3. |
You are solely responsible for any statements
that are posted using your user account. |
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| 4. |
You shall not upload to, distribute through or
otherwise publish through this Website any content that is defamatory,
obscene, pornographic, sexually oriented, vulgar, offensive (racially
or otherwise), profane, threatening, invasive of privacy, abusive, illegal
or otherwise objectionable that would constitute or encourage a criminal
offense giving rise to civil liability, violate the rights of any party
or, otherwise giving rise to liability or violate any law. We reserve
the right to determine what is inappropriate for posting on this Website. |
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| 5. |
You shall only post another party's materials
if you have first obtained appropriate copyright or other permission
to upload such materials and to permit downloading by other users for
personal, educational, non-commercial use. You shall not violate, plagiarize
or infringe on the rights of third parties. |
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| 6. |
You shall not distribute or otherwise publish
any material containing any solicitation of funds, promotion, advertising,
solicitation of goods, services or membership. |
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| 7. |
You shall not post on the Website any corrupted
files, files that contain viruses or other destructive features, or any
software or programs that may corrupt or damage another party's computer
or computer system. |
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| 8. |
You shall not post on the Website chain letters,
junk mail, pyramid schemes, surveys, contests, charity or donation requests
or petitions for signatures. |
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| 9. |
You shall not spam. (We define " spam " as
the sending of messages, individually or en masse
, to persons
who did not request it and/or would not otherwise choose to receive it
regardless of whether sent by a business, individual or a nonprofit body.) |
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| 10. |
You shall not interfere with, restrict or inhibit
other users of this Website. You shall not attack our computer system
or the Website nor create or cause a situation whereby other users affected
in their enjoyment of use of the Website. |
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| 11. |
Any use by you of another Student's information,
personal or otherwise, for any commercial purpose or to obtain any financial
gain is strictly prohibited. Commercial use by you of any product or
services on this Website are strictly prohibited. |
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We have no obligation to monitor or control the
educational community. However, we reserve the right to take such action
as we deem appropriate or necessary to comply with applicable relevant
laws and regulations, or to edit, refuse to post, or remove any information,
in whole or in part, for any reason, at our discretion. |
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