1. BINDING AGREEMENT
(b) all such terms and conditions as may be imposed by any third party provider or operator from whose site you accessed or downloaded the App, or any third party whose website, software or services are accessible through or used in the course of your use of the Service ("Third Party Terms").
"Account" means a user account on the Service that is tied to and accessible through the User ID and Password;
"include" (and "including" and "includes") means to include without limitation;
"App" means the Pelican Brown Learn-chain application software, including all its features and content and the services that we make available on or through it, and any and all updates, upgrades, supplements and releases of it as may be provided by us from time to time;
"Intellectual Property Rights" means all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, copyrights, trade mark rights and all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data.
"User" refers to you as a registered user of the App and the holder of an Account on Pelican Brown "Site" means the website at http://learn-chain.com/ as it is amended or updated by us from time to time;
"Service" means the Site, the App and all features, content, services and applications offered by us to you through the Site and/or App or otherwise; and
"User ID and Password" means the unique login user identification codes (such as your email, username and password) that are created by you or issued by us upon your registration as a User, and also include, where you choose to register for and access the Service.
2. USER ACCOUNT
2.1 User’s may access and use the App under either of the following types of Accounts: 1. Individual 2. Corporate
2.2 Your Account is non-transferable. You agree that depending on the Course you signed up for, the services, privileges, content and features made available on the App, and the fees chargeable for the use of the same, will differ.
2.3 The Service for individuals should not be used by business entities. They should use the Service authorized for Corporates.
2.6 From time to time we may issue updates to the Service. Depending on the update, you may not be able to use the Service or access your account until you have downloaded such updates or the latest version of the App and accepted any new or additional terms and conditions of use.
2.7 The Service may contain links to other independent third-party websites ("Third Party Sites") or services. Third Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them.
3.1 Paid courses offered will be subject to purchase and allotment of credits. If you are an individual wishing to pursue a paid course, you should have enough paid credits for the same. Or you must top up for the balance credits through the payment gateway to avail the course. You shall make prompt payment of the Course Fees and Credits for your Account, in accordance with our instructions. In the event of late payment or non-payment, we have the right to terminate your Account and to suspend, remove or disable your access to the Course (as well as to exercise the other rights set out in Clause 13). All Course Fees and payments for Credits paid by you to us with respect to your Account or otherwise for your access to and use of the App, are non-refundable. Payment shall not be treated as having been made until we have received cleared funds in respect of the sum due. Course Fees may change from time to time.
3.2 You acknowledge that any promotion that provides Credits or other benefits (collectively, "Promotional Credits") may be terminated by us in our sole discretion at any time. If your account is terminated for any reason, your Promotional Credits, if any, will expire and be forfeited. Promotional Credits have no cash value and may not be redeemed for cash, converted for any services or transferred to third-parties.
3.3 Course Fees and Credits paid for your Account are strictly non-transferable. You agree that any remaining or unused Credits or Course Fees associated with an active or deleted Account cannot and will not be transferred to any other account belonging to you or someone else.
3.4 We may use credit card processors or banks outside [Singapore] to process your transactions. In some instances, your bank or credit card issuer may charge you a foreign transaction or similar fee or charge. Before making payment to us, please check with your bank or credit card issuer for more information about its policies regarding foreign transaction and similar fees and charges.
4. ACCOUNT REGISTRATION & LOGIN DETAILS
4.2 In registering for a Course on the App and providing Personal Data to us, you represent that:
(a) all the Personal Data you provide is true, accurate, current and complete;
(b) the Personal Data is owned by you, and you have the right to use and disclose the same; and
(c) you will maintain and promptly update your Personal Data and other Account information to ensure that it remains true, accurate, current and complete at all times.
4.3 If you provide any Personal Data that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your use of the App (and to exercise the rights set out in Clause 13).
4.4 Any use of the App and any acts, information, data, instructions or communications referable to your User ID and/or Password and/or your Account, shall be deemed to be use of the App by you, or acts, information, data, instructions or communications emanating from you, whether or they are in fact made or authorized by you.
4.5 It is your sole responsibility to keep the User ID and Password and all payment-related information confidential and you shall be solely and fully liable for any disclosure or unauthorized use thereof. You must not share your User ID and/or Password with anyone else or allow anyone else to access the Service using your User ID and/or Password.
5. SCOPE OF LICENCE
5.2 You agree that we have no obligation to furnish any maintenance and support services with respect to the App. You agree that we may need to interrupt or suspend your access to the App from time to time, for maintenance, technical or other reasons.
5.4 You agree:
(a) not to copy any part of the Course except where such copying is incidental to the normal use of the Course, or where it is necessary for the purpose of back-up or operational security;
(c) not to rent, lease, re-sell, sub-license, or loan the Course or any part of it, or purport to do so, or use it for any commercial purposes. The Course is made available for your personal, noncommercial use only. You will not advertise or solicit any User to buy or sell any products or services through the App. You may not transmit any chain letters, junk or spam electronic messages to other Users. Further, you will not use any information obtained from the App in order to contact, advertise to, solicit, or sell to any User without their prior express consent;
(d) not to translate, merge, adapt, vary, alter or modify the whole or any part of the Course, or permit the Course or any part of it to be combined with, or become incorporated in, any other programs;
not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Course or any part thereof or attempt to do any such thing or to discover the source code of the App, except to the extent that applicable law expressly permits the same despite this limitation;
(e) not to remove or destroy any copyright, trade mark or other proprietary markings or notices on the Courses or on any data files, information, applications, text, audio, image or other files or materials produced, generated or displayed in the Course ("Course Content"); and
(f) not to provide or otherwise make available the Course in whole or in part (including object and source code), in any form to any person without prior written consent from us;
(g) not to use scripts to automatically mass download any data, information or other content from the Site, App or any part of the Course; and
(h) not to engage in or allow the automatic gathering of information or the automatic extraction of data from the Site, App or Course (including "spidering", "screen scraping", "database scraping" or harvesting of e-mail addresses).
5.5 We reserve the right to change, suspend, remove or disable access to the Course or any part thereof at any time without notice. In no event shall we be liable for the removal or disabling of, or for suspending or imposing limits on, access to the Course.
6. LEGAL AGE
The Course is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old. You further warrant that all registration information you submit is accurate and truthful. We may, in the exercise of our sole discretion, refuse to offer access to the Course to any person or entity and/or to change the eligibility criteria for registration or User Account at any time.
7. CONSENT TO PROCESSING OF PERSONAL DATA
8. USE AND CONTENT RESTRICTIONS
8.1 You are solely responsible for your conduct and activities on and relating to the App and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, links, files or other content that you submit, post or upload to, or make available and/or display on the Course ("User Content").
8.2 You undertake not to do any of the following in connection with your use of the App:
(a) upload, post, publish, distribute, disseminate or otherwise transmit any content:
(b) do anything that would interfere with, alter or disrupt the Course or the operation of the App or Site, or the servers or networks connected to the Course, or infringe any requirements, procedures, policies or regulations of networks connected to the App, or inhibit or interfere with another Member's use of the App, including:
uploading, posting or otherwise transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel bot or other computer codes, files, programs or routines that are intended to interrupt, destroy, damage, detrimentally interfere with, surreptitiously intercept, limit the functionality of or expropriate the Course (or any part thereof) or any computer system, hardware, software or data;
(c) sending mass unsolicited messages or "flooding" servers;
(d) attempting to gain unauthorized access to the Course, other User accounts on the App, or private mailing lists on the App, or any computer systems or materials, through password mining or any other means;
(e) use the App in a manner that violates any applicable law, statute, ordinance or regulation (including those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); or
(f) modify, adapt or hack the App or modify another website so as to falsely imply that it is associated with Pelican Brown or the App,
and if you do any of the following, we have the right to terminate your Account and to suspend, remove or disable your access to the App (as well as to exercise the other rights set out in Clause 13).
8.4 When accessing the Course, you must comply with directions, instructions or protocols communicated to you by us either through the App, online correspondence or personal communication.
8.5 You acknowledge and agree that you are solely responsible for ensuring, and shall ensure, that your access to or use of Third Party Sites or Third Party Services through the App is authorized and lawful, and not in contravention of any law or in breach of any of your contractual obligations (including under the Third Party Terms).
8.6 You agree that we may, but are not obligated to, monitor or review and are not responsible or liable for any User Content, or other parties on the App and that you use the App entirely at your own risk.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 You acknowledge and agree that all Intellectual Property Rights in the App (including its content, features, design, compilations and look-and-feel) belong to us. In particular, "Pelican Brown", the PB logo and other PB logos and product/service names are trademarks belonging to Pelicanbrown.com Pte. Ltd. ("PB Marks"). You shall not copy, reproduce, display or use in any manner, any of the PB Marks without our express written permission.
9.3 By submitting or uploading any User Content to the App, you hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, non-revocable license to use, display and reproduce the User Content (both digitally and in print, without any duty to account to you for any such use) for the purpose of:
(a) marketing, advertising and promoting our products or services to you or other Users;
(b) providing you and other Users with services under or through the App; and
10. FAIR USE AND PROHIBITED CONDUCT
10.1 Your access to and use of the App is subject to our 'fair use' policy. Our 'fair use' policy requires that your use of the App be fair, genuine and reasonable. For example, features on the App that allows for communication between you and other Users must be used fairly in such a way that it will not put other Users at harm. All communications conducted on, through or as a result of the App must be genuine and engaged in such a manner such that trust and integrity is maintained throughout the process of communication. We shall be entitled to determine in the exercise of our sole discretion whether a User has complied with the 'fair use' policy and to carry out any necessary action against a non-compliant user, to remedy the situation if a need arises.
11.1 You shall fully indemnify Pelicanbrown.com Pte Ltd, its officers, directors, employees, partners and agents ("Indemnitees"), from and against any and all damage, loss, claim, action and/or demand (including economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from:
(a) your negligent act or omission, willful default, misconduct or fraud;
(c) your failure to comply with applicable laws;
(d) any dealing, communication, transaction or agreement between you and another User;
(e) any use of the App by you or referable to your Device, Account, User ID and/or Password;
(f) any breach by you of any agreement in relation to the use of Third Party Services or Third Party Sites;
(g) any breach of Third Party Terms; and/or
(h) any claim by a third party against any Indemnitee in respect of any of the above.
12. LIMITATION OF LIABILITY
12.1 The App is provided to you "as is", "as available", without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). We do not warrant that the operation of the App will be uninterrupted or error free, or that the transmission of User Content through the App will be entirely secure. We also do not warrant that the use of the App or that the use of any functionality or feature of the App will be lawful, non-infringing, or not in breach of any contractual obligations, and you agree that you have full and sole responsibility for ensuring the same.
12.2 By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any User Content you upload or send using the App or make available to us through the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
12.3 Without limiting the generality of the foregoing, and to the fullest extent permissible under law, we disclaim all liability to you or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, whether foreseeable or not, under contract or not, including damages for loss of profits or loss of data (including data on your vehicle inventory and Listings); even if we are aware of or advised of the possibility of the same), resulting from:
(a) any error, omission, defect, deficiency or nonconformity of the App or your inability to use the App or any part thereof;
(b) in whole or in part, your own act, omission, default or failure to perform your obligations hereunder;
(c) unauthorized access to, disclosure of or alteration of any part or whole of your User Content;
(d) third party claims against you;
(e) your access to and/or use of Third Party Sites, or Third Party Services through or using the App, the Site and/or the Course (for e.g. third party merchants and service providers are solely responsible for the transactions, and any issues concerning experiences with such services);
(f) your use of the App or any use of the App referable to your User ID and/or Password;
(g) any communication, dealing, transaction or agreement between you and another User;
(h) any other matter relating to the App.
12.4 We are not responsible for the investigation, defense, settlement, and discharge of any third party claim for intellectual property infringement or breach of contract that is occasioned or committed by you.
12.5 Your use of the App is entirely at your own risk. If you are dissatisfied with any part or whole of the App, your sole remedy is to discontinue use of the App.
13. BREACH AND TERMINATION
(a) refusing to provide access to courses to you,
(b) immediate, temporary or permanent removal of any User Content uploaded by you;
(c) issuance of a warning to you;
(d) restricting, suspending or terminating your Account and/or your access to or use of the App or any part thereof;
(e) prohibiting your access to and use of the App and taking technical or legal steps to keep you from the App,
(f) instituting legal proceedings against you for breach; and/or
(g) disclosure of such information related to your breach to law enforcement authorities as we may feel is necessary.
13.2 You shall not be entitled to any refund of any payments (including credits, points or fees for your Account) made by you, in the event of the termination of your Account or your access to or use of the App for any reason whatsoever, or if we take any actions pursuant to Clause 12.1 above.
13.3 Upon termination of your Account and your access to or use of the App, all rights granted to you hereunder shall immediately cease and terminate, and;
(a) you must immediately cease using the App or any Course Content;
(b) you must immediately uninstall, delete or remove the App from the Device, destroy all copies of the App (and Course Content) then in your possession, custody or control and, if required by us, certify to us in writing that you have done so; and
(c) we may remotely access and remove the App (and any App-related content) from the Device.
(a) displaying the new terms on the Site, or on-screen when you next start or launch the App and requiring you to read and accept them to continue your use of the App;
(b) email, via an online service or otherwise; or
(c) any combination of the foregoing.
14.4 We are pleased to be able to offer a wide range of exclusive content and features on the App for your needs, which we aim to regularly add to and improve. Such features and content will be updated, changed or removed from time to time, at our discretion, so we cannot guarantee that specific content and features will always be available on the App. Our priority is however to provide to you a value-added service and you can be assured that such decisions to change the content or features offered on the App will be made after careful consideration and extensive analysis by us, and that we may from time to time invite your feedback to aid in our decision making process. Nonetheless, you agree that we may discontinue the App or change the content of the App at any time, for any reason, with or without notice to you, without liability.
15.4 We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the Service (or any part thereof) or in the operation of the App that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including without limitation (i) Acts of God, nature, court or government, (ii) failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; and (iii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible.
Last updated: [insert] 2015