TERMS & CONDITIONS
TERMS & CONDITIONS FOR PURCHASES OF ONLINE COURSES
These terms and conditions apply to purchases of online courses provided by AC Trade Advisory Pte Ltd (“AC Trade Advisory”, “we” or “us”) via our website www.actradeadvisory.com and its sub-webpages.
For purchases via our website, by clicking on the “Purchase” button, you agree to the terms and conditions herein without reservations.
“Course Materials” means the information provided by AC Trade Advisory to accompany a course provided as part of the Services in electronic form. These include but not limited to the presentation recordings and electronic files.
“Fees” means the fees paid by you to AC Trade Advisory for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to all course related materials and instructors, course user interfaces, rights in or relating to Confidential Information, designs (registered or unregistered) and trademarks.
“Online Course” means the delivery by us or our affiliated instructors of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials including but not limited to electronic documents, files, recordings and live streaming feeds (voice and videos) purchased by you through the Website or by email.
“Website” means www.actradeadvisory.com and its sub-webpages.
“You” means the individual or organisation purchasing the Services.
2. The Services
- A description of the Services is available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
- We reserve the right to vary or withdraw any of the Services described on the Website without notice.
- We reserve the right and discretion to engage either individuals of AC Trade Advisory or third-party affiliated trainers to provide the services as and when relevant. For all online courses, the profiles of these trainers will be made clear in the course details in our Website to assist in your purchase decision of the Services. AC Trade Advisory remain solely responsible for the services and no claims can be made against its individuals and third-party affiliated trainers.
- We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
- Once you have purchased an Online Course and access rights have already been granted to peruse the course presentation recordings, presentation materials and all other related course materials, the order will be considered completed and you shall have no right to cancel or change your order.
- The fees for the Services shall be as set out on the Website at the time you placed an order for them.
- Where there are known value-added taxes or other local taxes that apply to the purchase of the Services, they will be indicated to you to our best endeavours as well at the time you placed an order for them.
- The fees for the Services selected by you on the Website shall be debited from your credit/debit card, PayPal or Stripe account at the time of purchase. Fees must be paid in full for all online courses before access rights to the Services are granted.
- Any fees charged by your credit / debit card provider, PayPal or Stripe in connection with your purchase of Services are on your own account and AC Trade Advisory shall not be responsible for these.
- You shall be responsible for all costs you incur in connection with you access onto any online course.
- No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be as the provision of professional advice to address the circumstances of any particular individual or organisation. The application and impact of laws can vary widely based on the specific facts involved. The Services rendered were based on the laws enforceable and information available at the time of online delivery. No one should act based on the Services without appropriate professional advice after a thorough examination of the particular circumstance.
- To the extent permitted by law, we will not be liable for any loss, damages or expenses, not directly caused by our wrongdoing (including loss of profits or revenue, business interruption, loss or corruption of data, loss of business opportunity, or failure to realise anticipated savings or benefits) arising in any way in relation to the services.
- Our total liability arising from or in direct relation with the delivery of the Services as a result of breach of contract, tort (including negligence) or otherwise shall be limited to the Fees received by us for the relevant online course selected by you.
- We accept no liability to anyone, other than you, in connection with our services, unless otherwise agreed by us in writing.
- You agree that any legal proceedings arising from or in connection with the services must be commenced within three months from the date you become aware or ought reasonably to have become aware of the facts which give rise to our alleged liability.
In order to purchase any of our Services on-line and to enhance your user experience with our online course interface, you are required to register for an account with us via the Website. If you already have an account with us you can log into your account using your user name and password.
5. Intellectual Property Rights
- All Intellectual Property Rights in the Course Materials, Online Courses, recordings and live streaming feeds (voice and video) made by trainers are, and remain, the intellectual property of AC Trade Advisory or its licensors, whether adapted, written for or customised or not.
- You are not authorised to:-
- copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of our Course Materials without our prior written permission;
- record on video or audio tape, relay by videophone or other means the Online Course given;
- use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
- remove any copyright or other notice of AC Trade Advisory on the Course Materials;
- modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
- In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
6. Data Privacy, Confidentiality & Protection
- AC Trade Advisory undertakes to respect your privacy and the confidentiality of your personal data. For your purchase of our Services and accessibility to our Services, we will require your personal data including relevant payment facility details. It is our policy to collect the minimum personal data when it is necessary for reasonable business purposes or to meet the purposes for which you have submitted your personal data. By providing personal data, you consent to our use of your information as described in this Clause.
- As and when required in our continuous drive to enhance the content of our website, you agree that personal data collected may be transferred or shared with our international network of external trainers on a need-to-know basis. In such instances, they will be bound by confidentiality
obligations as described in these terms and conditions and to the extent it is not prohibited by applicable laws.
- Whilst we endeavour to take all reasonable measures in line with industry and relevant regulatory standards to protect your personal data including the use of encryption technology, we cannot guarantee the security of any data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any such breach of security.
- Our Services may link to third-party websites. In such instances, we will endeavour to notify the user prior to them accessing such third-party websites. When accessing these websites, we are not responsible for their data policies or procedures or their content.
7. Electronic Communication
In connection with the services, we and you may from time to time communicate with each other electronically. However, the electronic transmission of information cannot be guaranteed to be secure or error free and such information could arrive late or incomplete, be intercepted, corrupted, lost, destroyed or otherwise be adversely affected or unsafe to use. Accordingly, each party accepts the limitations of electronic communication, and will use reasonable procedures to check for the then most commonly known viruses before sending information electronically.
- We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- fail to pay when due your fees;
- act in an aggressive, offensive, threatening or harassing manner towards any employee of AC Trade Advisory Pte Ltd, any of our affiliated trainers who lecture in the online courses or any student who attends any online course;
- Infringe our Intellectual Property Rights in any manner as described in Clause 5.2;
- cheat or plagiarise any work which you are required to prepare or submit in connection with the Services or during any examination taken in connection with the Services where relevant;
- act in fraudulent or deceitful manner towards us or our employees or our affiliated trainers or any other students who may be attending our online courses;
- slander any one of us or our employees or our affiliated trainers or any other students who may be attending our online courses in any manner without reasonable proof,
- intentionally or recklessly undermining the functionality and security of our website;
- are in breach of these terms and conditions.
- On termination, clause 4 (Liability), 5 (Intellectual Property Rights) and 6 (Data Privacy, Confidentiality & Protection) shall continue notwithstanding such termination.
- Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
- We shall be entitled to assign these terms and conditions to any other organisation or individual without prior notice to you.
10. Force Majeure
AC Trade Advisory shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including but not limited to viral outbreaks, public health emergencies, cybersecurity attacks, fires, floods, earthquakes, terrorism, strikes, delays caused by transport disputes, failure to provide a course caused by illness of the trainer or personal unforeseeable emergencies, government regulations and other Acts of God.
- Survival – The provisions of this terms and conditions which expressly or by implication are intended to survive its termination or expiry will survive and continue to bind the parties.
- Performing Services for Others – Provided we do not disclose your confidential information and we comply with our ethical obligations, you agree that we may perform services for other parties whose interests may conflict or compete with yours.
- Severability – If any clause of these terms and conditions, or part of any clause, is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable, then the clause or part will be severed from the remainder of these terms and conditions , which will continue to be valid and enforceable to the fullest extent permitted by law.
12. Dispute Resolution
- If a dispute arises, the parties will attempt to resolve it by discussion, negotiation and mediation before commencing legal proceedings.
- Law and jurisdiction – Singapore law will govern these terms and conditions. The Singapore courts will have exclusive jurisdiction over any dispute, whether contractual or non-contractual.