Terms of Service
1. LEGAL DISCLAIMER
Welcome to www.explico.sg (The “website”). The mission of the Explico Private LTD (hereafter “Explico“) is to provide an international access to online assessment and training programs (hereafter the “Services“) in the areas of education and academic learning to any individual standing with a bona fide interest in such domain that registers with Explico (hereafter the “Users“).
The Services include access to an Online Assessment, interactive e-learning platform, which will allow Users to attend courses dedicated to various subjects, developed by Explico Academic (hereafter the “Material“).
Explico reserve the right to update or revise the TCU at our sole discretion from time to time. The updated TCU will be posted on the site and shall take effect from the date of posting. The continued use of this site following the posting of any changes to the TCU constitutes acceptance of those changes
2.1. These Terms (together with the documents referred to in it) set out the terms and conditions on which we agree to supply you with any Assessment(s) and Course(s) ordered by you by telephone or post. You should understand that by ordering any of our Assessment(s) and Course(s) you agree to be bound by these Terms. You should retain a copy of these Terms for future reference.
2.2. By placing an Order you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old but under 76 years of age and in good health.
2.3. You agree to be entirely responsible for any activities made using your account details and password. In this respect you shall ensure that any password you choose, to gain Online Access, remains confidential at all times. In the event that you either lose your password or account details or become aware that a third party may have access to or is using your password or account details you shall notify us or the Training Provider immediately.
2.4. You should ensure that any information you provide to us (including without limitation your name, address and bank details) is complete, accurate and current and that you notify us immediately of any changes in the details with which you registered to gain Online Access or purchase Course(s).
2.5. We reserve the right to: (a) suspend or terminate access to Online Access and/or cease to provide the Services where you are in breach of these Terms; (b) delete, vary or change any content in the Training Provider’s Brochure or Site at any time; and (c) terminate or cancel Orders (although we will not charge you for any Orders which we cancel for reasons which are not due to your default)
3 PROVISION OF SERVICES
3.1. You are eligible to use the services offered by us only if you satisfy the following:
3.2. You agree to abide by and comply with the TCU at all times
3.3. You have provided all information we require in connection with your registration, and that this information is accurate, complete and current.
3.4. You promptly maintain and update said information to as to ensure its accuracy at all times
3.5. You agree that the use of our services and your registration with us shall be conditional at all times on your complying and observing these TOU.
3.6. Use of the Site
3.7. You must not:
- – Attempt to change, add to, remove, deface, hack or otherwise interfere with the Site or any material or content displayed on the Site;
- – Distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the Site for any public or commercial purpose without our written consent; and/or
- – Access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site.
Membership – Student Users
4.1. Use of the Website is available to all persons. Users may register either directly with the Website or Facebook.com (“Facebook”) or Plus.Google.com (“Google+) or your email accounts.
4.2. If You are a minor – under the age of 18 years - You are required to declare this information at the time of registration as a User. Please note that if You are below 13 years of age, Your communication privileges shall be restricted to the extent that your comments or reviews of the Website which may identify you personally in any manner shall not be permitted to be published. Your communications will be monitored by our moderators and you will be provided with three warnings in case it is found that you are sharing information online that identifies you personally in any manner. In the event of a fourth infarction of this nature, your Account shall be terminated forthwith and you shall be banned from opening an Account till you attain majority.
4.3. If it is discovered at any point of time by Explico that You are younger than either 18 years OR 13 years of age and have failed to declare it at the time of registration, Explico reserves the right to terminate your membership immediately and to take appropriate legal action, where applicable, against You.
4.4. Even other than in circumstances where You are found to have declared your age incorrectly, Explico reserves the right to unilaterally terminate your Account and refuse access to any Service offered on the Website without providing You with any reasons or explanations.
4.5. You shall refrain from transferring, selling or trading your Account to any third parties. Any such actions on your part that comes to Explico’s notice shall result in the immediate termination of your Account.
5.1. Explico fees are quoted in SGD dollars and exclusive of any applicable VAT, GST or any applicable tax, which shall be added to the quoted price and shall be payable to Explico together with the quoted price.
5.2. By making this payment, you recognize that you have checked that this payment could validly be made pursuant to national and international laws and regulations applicable to this transaction including those adopted by the State of origin of the currency used.
5.3. You may effect payment in the website by using one of the following payment methods (hereafter the “Payment Instrument“):
- i. payment by credit card: Visa and MasterCard;
- ii. payment through promotional codes or vouchers that have been offered to you.
5.4. You may be asked during the payment process to provide your credit card information. As a User of the Services, you agree that your credit card will be charged, or your bank account debited of the applicable fees and any sales tax and any other charges you may incur in connection with your use of the Services. Except as stated therein, all fees and charges are non-refundable.
5.5. You agree to pay all amounts due pursuant to the order and to maintain adequate funds or credit balances on your Payment Instrument to satisfy all amounts due to Explico.
5.6. Any bank fees or charges incurred on your Payment Instrument by your credit firm or bank are your responsibility. Except if otherwise expressly refused by you, all fees will be billed to the Payment Instrument you designated when you first incurred a charge on the Services. If any of your billing information changes, you must update that information by contacting Explico, using the contact details that appear on the Website or by means of the “Contact Us” link.
6. CONTENT AND USE
6.1. You give an automatic non-exclusive, non-transferable right over all works of authorship whether through text, images, videos, audio etc., (“Content”) that you upload, provide, transfer or otherwise make available (“Post”) on the Website.
6.2. Such rights given to Explico do not include the ownership of the Content, which remains vested in the author or the appropriate copyright holder, however, they include an unrestricted, perpetual, irrevocable, non-exclusive, fully paid and royalty free licence with the right to unrestrictedly sub-licence, to use copy, perform, display, distribute, derive works from and distribute such Content in any and all media, whether known or unknown, throughout the world. You shall not be liable to receive any payment or compensation from Explico for Content posted on the Website, unless provided otherwise herein.
6.3. It is expressly clarified that in so far as sharing of the Content is concerned; Users shall be severely limited from sharing video and other multimedia content as well as step-by-step solutions on third-party forums or otherwise. Sharing of Content by Users shall only be permitted in so far as the questions – not solutions - posted on the Website are concerned.
6.4. For all other content, posted by Explico or its third-party service providers, Explico shall retain all proprietary rights. You as the User shall be granted a limited, revocable, non-licensable licence by Explico to view Content.
6.5. You shall use the Content created by Explico only for your personal use and never for any commercial or related purposes. You agree not to reproduce, modify, publish, distribute, transmit, perform, display, sell or create any derivate works.
6.6. You further agree that in respect of third party Content, including but not limited to Content uploaded by other Users, that Explico shall be in no way responsible or liable for any such Content. Explico assumes no responsibility for objectionable, unlawful, incorrect, misleading or unintended Content made available by other Users, advertisers or third-parties.
6.7. You represent and warrant that:
- a. you own the Content posted by you on the Website;
- b. your Content does not violate the privacy rights, copyright rights, or other rights of any person;
- c. by posting the Content, You do not violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party
- d. any information you provide as a part of the Content is correct and true to the best of your knowledge and is provided by You in good faith; and
- e. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible to every User of the Website, except as provided herein.
- Revoke any stated offer;
- Correct any errors, inaccuracies or omission; and
- Make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion at any time without notice. The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available.
- Adjust and/or restrict the amount of information that you are entitled to view on the Site.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the SIPMM Services;
- your address, telephone number, and e-mail address;
- a written statement by you that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- a. you are in material breach (including non-payment) of any provision of these Terms which is not remediable or, if remediable, is not remedied with a period of thirty (30) days after we have given notice to you requiring such breach to be remedied. In such circumstances we will be permitted (without liability) to procure that the Training Provider suspend the provision of the Services to you and your Online Access until such a breach has been remedied;
- b. you appear to be unable to pay your debts (whether within the meaning of section 268 of the Insolvency Act 1986, or upon any other reasonable grounds including without limitation where a debt owing by you to us or to a third party has become due and payable and has not been met on the due date therefore), or you present or you have presented against you a bankruptcy petition or a bankruptcy order is made against you, or you take any formal step to implement an individual voluntary arrangement (within the meaning of the Insolvency Act 1986);
- c. you carry out any unauthorised act with regard to the Course which infringes our Intellectual Property Rights.
- a. return the Materials and Software to us;
- b. destroy all copies of the Software including any Software stored on the hard disk of any computer under your control; and
- c. cease using the Services and Online Access immediately.
6.8. Any interactions, agreements between You and other Users or advertisers are made completely independent of Explico. Explico is not a party to any such arrangements and shall not be liable for or a party to any disputes arising out of such agreements nor for any loss incurred by You thereunder. You shall indemnify and hold harmless Explico against any such disputes.
6.9. In order to protect Users from unwanted advertising and solicitation, Explico may, as and when deemed appropriate by Us, restrict the volume of messages Users in general or in particular may send one another. Information obtained by you as a User of the Website shall not be used in any manner to abuse, harass or harm any other Users or third-parties using the Website.
6.10. You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
7. ACCURACY OF CONTENT
7.1. While we may use reasonable efforts to include accurate and up-to-date information on this Site, we make no warranties or representations as to its accuracy, timeliness or completeness. The information may contain typographical errors, pricing errors, and other errors or inaccuracies, it will be corrected as soon as practicable.
7.2. We reserve the right to:
8 COPYRIGHT POLICY.
8.1. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
8.2. It is the policy of Explico to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Explico by the copyright owner or the copyright owner’s legal agent.
8.3. Without limiting the foregoing, if you believe that your work has been copied and posted on the Explico Services in a way that constitutes copyright infringement, please provide Explico with the following information:
9 INTELLECTUAL PROPERTY RIGHTS
9.1. All content included on this Site, such as text, graphics, logos, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Explico and its associated / affiliated businesses and/or its content suppliers and is protected by Singapore and international copyright laws and/or other laws.
9.2. The compilation of all content on this Site is the exclusive property of Explico and its associated / affiliated businesses and protected by Singapore and international copyright laws and/or other laws.
9.3. None of the content may be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
9.4. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without our written permission.
9.5. Misuse of any trademarks or any other content displayed on the Site is prohibited.
9.6. We will not hesitate to take legal action against any unauthorised use of any trademarks, name or symbols displayed on the Site to preserve and protect the rights in them. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
10 THIRD PARTY CONTENT
10.1. During the course we may signpost you to Third Party content. This means you may leave our Site and visit a website that is not operated by us. We are not responsible for the content or availability of linked sites.
10.2. In instances where we provide links to other third party websites that may be of interest to our website visitors, when you click on these links you will leave our Site and will be redirected to another site. These sites are not under the control of the Training Provider.
10.3. We are not responsible for the content of linked third party websites. We are not an agent for these third parties nor do we endorse or guarantee their products. We make no representation or warranty regarding the accuracy of the information contained in the linked sites. We suggest that you always verify the information obtained from linked websites before acting upon this information.
10.4. The security and privacy policies on these sites may be different to our policies, so we suggest you read third party privacy and security policies closely.
10.5. If you have any questions or concerns about the products and services offered on linked third party websites, please contact the third party directly.
11.1. We may terminate the agreement set out in these Terms if:
11.2. You will be entitled to terminate the agreement set out under these Terms under Clause 13 below.
11.3. If either party terminates the agreement set out in these Terms, you must
12. LIMITATION OF LIABILITY
12.1. Our liability to you for any direct losses arising out of our negligence breach of contract or any other cause of action arising out of or in connection with these Terms shall be limited to the Price. This does not exclude or limit in any way our liability to you in respect of: death or personal injury caused by our negligence; (b) under section 2(3) of the Consumer Protection Act 1987; (c) for fraud or fraudulent misrepresentation; or (d) for any matter for which it would be illegal for us to exclude, or attempt to exclude or limit, our liability.
12.2. we shall not be liable for any indirect or consequential loss or damage whatsoever of for any loss of profits, loss of data, loss of revenue, loss of opportunity or your liabilities to third parties which you or any third party may suffer however arising and whether caused by tort (including negligence), breach of contract or otherwise.
12.3. The information in the Training Provider’s Brochure or Site may be updated from time to time and may be out of date when read or viewed by you. No responsibility for keeping such information in these pages up to date is taken by us or liability for not doing so.
12.4. We cannot guarantee that the Online Learning Environment or the Software is free from computer viruses or any other malicious or impairing computer program. You should therefore ensure that you employ all reasonable precautions when accessing the Online Learning Environment or downloading the Software. Technical inaccuracies and typographical errors may appear on the pages the Online Learning Environment from time to time.
12.5. We shall have no liability (including liability for negligence) for the acts or omissions of telecommunications service providers or for failures of, or faults in their networks and equipment.
12.6. We reserve the right to change prices, information and specifications relating to the Courses from time to time subject always to our commitments set out in Clause 3 above.
Your use of the Website or communications with Explico are a form of electronic record. You understand and as a consequence, consent to receiving electronic or other communication from Explico as and when required.
14. CONTACT US
Please send any questions, comments or complaints regarding this Website to info@Explico.sg