Terms and Conditions of Use

1.
Introduction
1.1
This website is owned and operated by Wizlearn Technologies Pte Ltd (“Wizlearn”, “we”, “us”, or “our”).
1.2
These terms and conditions shall govern your use of our website.
1.3
By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.4
If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
2.
Copyright notice
2.1
Copyright © 2020 Wizlearn Technologies Pte Ltd.
2.2
Subject to the express provisions of these terms and conditions:
(a)
we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b)
all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.
Permission to use website
3.1
You may:
(a)
view pages from our website in a web browser;
(b)
download pages from our website for caching in a web browser;
(c)
print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive;
(d)
stream audio and video files from our website using the media player on our website;
(e)
use our website services by means of a web browser; and
(f)
download documents or media from our website via a web browser, where such documents and media are intended to be downloaded for offline viewing,
subject to the other provisions of these terms and conditions.
3.2
Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3
You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
3.4
Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5
Unless you own or control the relevant rights in the material, you must not:
(a)
republish material from our website (including republication on another website);
(b)
sell, rent or sub-license material from our website;
(c)
show any material from our website in public;
(d)
exploit material from our website for a commercial purpose; or
(e)
redistribute material from our website.
3.6
Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7
We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.
4.
Misuse of website
4.1
You must not:
(a)
use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b)
use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c)
hack or otherwise tamper with our website;
(d)
probe, scan or test the vulnerability of our website without our permission;
(e)
circumvent any authentication or security systems or processes on or relating to our website;
(f)
use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g)
impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h)
decrypt or decipher any communications sent by or to our website without our permission;
(i)
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j)
access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k)
use our website except by means of our public interfaces;
(l)
violate the directives set out in the robots.txt file for our website;
(m)
use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n)
do anything that interferes with the normal use of our website.
4.2
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.
Use on behalf of organisation
5.1
If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a)
yourself; and
(b)
the person, company or other legal entity that operates that business or organisational project, to these terms and conditions, and in these circumstances references to "you" in these terms and conditions are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.
6.
Accounts
6.1
You must not allow any other person to use your account to access the website.
6.2
You must notify us in writing immediately if you become aware of any unauthorised use of your account.
6.3
You must not use any other person's account to access the website, unless you have that person's express permission to do so.
7.
User login details
7.1
If you register for an account with our website whether on your own or through your organization, we will provide you with a user ID and password.
7.2
Your user ID must not be liable to mislead and must comply with the content rules set out in Section 12; you must not use your account or user ID for or in connection with the impersonation of any person.
7.3
You must keep your password confidential.
7.4
You must notify us in writing immediately if you become aware of any disclosure of your password.
8.
Cancellation and suspension of account
8.1
We may:
(a)
suspend your account;
(b)
cancel your account; and/or
(c)
edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology, except to the extend expressly provided otherwise in existing subscription contract between you and us.
8.2
You may cancel your account on our website by contacting us directly, or through your organization’s representative for the subscription to this website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2.
9.
Subscriptions
9.1
To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. The contract between you and us for the supply of the website services shall come into force upon the issue of the order acknowledgement.
9.2
For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features on our website in relation to your subscription type.
9.3
At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically cancelled, unless you renew the subscription and pay the applicable subscription fees.
10.
Fees
10.1
The fees and payment terms in respect of our website services will be set out in subscription contract between you and us.
10.2
If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
10.3
If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
11.
Your content
11.1
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
11.2
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to reproduce, store and publish your content on and in relation to this website and any successor website, solely for the purpose of providing the services to you; our website will restrict access to your content to you or your organization only, except for the parts of your content you make publicly accessible using functionality available on our website.
11.3
You shall retain all right, title, and interest, including all copyrights, trade secrets and other intellectual property rights in and to your content. We shall not distribute, disclose, commercially exploit or otherwise use your content to develop or provide solutions and products for third parties.
11.4
You may edit your content to the extent permitted using the editing functionality made available on our website.
11.5
Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
11.6
At the end of your subscription, all your content shall be permanently deleted and removed from our website and any successor website.
11.7
Contents and features jointly developed unique to Certis for implementation in Certis LMS2.0 shall be jointly owned by Certis and Wizlearn including:
(a)
the whole works of the Certis competency module, namely the specific description of skills set, formula, method of assessment and systems integration processes;
(b)
system integration processes specific to Certis workflow, namely LMS-OutSystems-SAP, LMS-Allegro, LMS-CPRS and future integration of similar nature; and
(c)
system modules that contain Certis processes, namely the specific course description or subscription workflow that are related to Certis trade secret, the specific bond approval processes and the specific vendor payment processes,
except where the protocol, definition, workflow, methodology, computation, algorithm, user-interface, process or practice are in the public domain or pre-existing in Wizlearn systems or prototypes.
11.8
Wizlearn shall not offer, market or otherwise make available items as set out in Section 11.7 to any third party for a period of not less than 3 years from the termination or expiry of the Contract (“exclusivity period”).
11.9
During the exclusivity period, Wizlearn shall not use, copy, modify or enhance the items as set out in Section 11.7 for the benefit of any third party, without prior written consent from Certis. Sections 11.7, 11.8, and this Section 11.9 shall survive the termination or expiry of the Contract.
12.
Rules about your content
12.1
You warrant and represent that your content will comply with these terms and conditions.
12.2
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
12.3
Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a)
be libellous or maliciously false;
(b)
be obscene or indecent;
(c)
infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d)
infringe any right of confidence, right of privacy or right under data protection legislation;
(e)
constitute negligent advice or contain any negligent statement;
(f)
constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g)
be in contempt of any court or in breach of any court order;
(h)
be in breach of racial or religious hatred or discrimination legislation;
(i)
be blasphemous;
(j)
be in breach of official secrets legislation;
(k)
be in breach of any contractual obligation owed to any person;
(l)
depict violence in an explicit, graphic or gratuitous manner;
(m)
be pornographic, lewd, suggestive or sexually explicit;
(n)
be untrue, false, inaccurate or misleading;
(o)
consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p)
constitute spam;
(q)
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r)
cause annoyance, inconvenience or needless anxiety to any person.
13.
Report abuse
13.1
If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
14.
Limited warranties
14.1
We do not warrant or represent:
(a)
the completeness or accuracy of the information published on our website;
(b)
that the material on the website is up to date; or
(c)
that the website will operate without fault.
14.2
To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
15.
Limitations and exclusions of liability
15.1
Nothing in these terms and conditions will:
(a)
limit or exclude any liability for death or personal injury resulting from negligence;
(b)
limit or exclude any liability for fraud or fraudulent misrepresentation;
(c)
limit any liabilities in any way that is not permitted under applicable law; or
(d)
exclude any liabilities that may not be excluded under applicable law.
15.2
The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms and conditions:
(a)
are subject to Section 15.1; and
(b)
govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.4
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill, except to the extend expressly provided otherwise in existing subscription contract between you and us.
15.5
We will not be liable to you in respect of any loss or corruption of any data, database or software, except to the extend expressly provided otherwise in existing subscription contract between you and us.
15.6
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.7
You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
16.
Indemnity
16.1
You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your gross negligence, fraud or willful misconduct with regard to any provision of Section 4 or Section 12 of these terms and conditions.
17.
Breaches of these terms and conditions
17.1
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a)
send you one or more formal warnings;
(b)
temporarily suspend your access to our website;
(c)
permanently prohibit you from accessing our website;
(d)
block computers using your IP address from accessing our website;
(e)
contact any or all of your internet service providers and request that they block your access to our website;
(f)
commence legal action against you, whether for breach of contract or otherwise; and/or
(g)
suspend or delete your account on our website.
17.2
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
18.
Third party websites
18.1
Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2
We have no control over third party websites and their contents, and subject to Section 15.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19.
Variation
19.1
We may revise these terms and conditions from time to time.
19.2
We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
20.
Assignment
20.1
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
20.2
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
21.
Severability
21.1
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2
If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
22.
Third party rights
22.1
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
22.2
The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.
23.
Entire agreement
23.1
Subject to Section 15.1, these terms and conditions, together with our privacy policy, and any existing subscription contract between you and us to the services provided by this website, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
24.
Law and jurisdiction
24.1
These terms and conditions shall be governed by and construed in accordance with Singapore law.
24.2
Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Singapore.
25.
Our details
25.1
We are registered in Singapore under registration number 199905014N, and our registered office is at 1 Commonwealth Lane, #08-08, One Commonwealth, Singapore 149544 (“registered address”).
25.2
Our principal place of business is at our registered address.
25.3
You can contact us:
(a)
by post, to the registered address given above; or
(b)
using our website contact form.

Data Protection Notice

This Data Protection Notice (“Notice”) sets out the basis which Wizlearn Technologies Pte Ltd (“we”, “us”, or “our”) may collect, use, disclose or otherwise process personal data of our customers in accordance with the Personal Data Protection Act (“PDPA”). This Notice applies to personal data in our possession or under our control, including personal data in the possession of organisations which we have engaged to collect, use, disclose or process personal data for our purposes.

  1. As used in this Notice:

    “customer” means an individual who (a) has contacted us through any means to find out more about any goods or services we provide, or (b) may, or has, entered into a contract with us for the supply of any goods or services by us; and
    “personal data” means data, whether true or not, about a customer who can be identified: (a) from that data; or (b) from that data and other information to which we have or are likely to have access.
  2. Depending on the nature of your interaction with us, some examples of personal data which we may collect from you include your name and identification information such as your NRIC number, contact information such as your address, email address or telephone number, nationality, gender, date of birth, marital status, photographs and other audio-visual information, employment information and financial information such as credit card numbers, debit card numbers or bank account information.
  3. Other terms used in this Notice shall have the meanings given to them in the PDPA (where the context so permits).
  1. We generally do not collect your personal data unless
    1. it is provided to us voluntarily by you directly or via a third party who has been duly authorised by you to disclose your personal data to us (your “authorised representative”) after
      1. you (or your authorised representative) have been notified of the purposes for which the data is collected, and
      2. you (or your authorised representative) have provided written consent to the collection and usage of your personal data for those purposes, or
    2. collection and use of personal data without consent is permitted or required by the PDPA or other laws. We shall seek your consent before collecting any additional personal data and before using your personal data for a purpose which has not been notified to you (except where permitted or authorised by law).
  2. We may collect and use your personal data for any or all of the following purposes:
    1. performing obligations in the course of or in connection with our provision of the goods and/or services requested by you;
    2. verifying your identity;
    3. responding to, handling, and processing queries, requests, applications, complaints, and feedback from you;
    4. managing your relationship with us;
    5. processing payment or credit transactions;
    6. sending your marketing information about our goods or services including notifying you of our marketing events, initiatives and promotions, lucky draws, membership and rewards schemes and other promotions;
    7. complying with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
    8. any other purposes for which you have provided the information;
    9. transmitting to any unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
    10. any other incidental business purposes related to or in connection with the above.
  3. We may disclose your personal data:
    1. where such disclosure is required for performing obligations in the course of or in connection with our provision of the goods or services requested by you; or
    2. to third party service providers, agents and other organisations we have engaged to perform any of the functions listed in clause 5 above for us.
  4. The purposes listed in the above clauses may continue to apply even in situations where your relationship with us (for example, pursuant to a contract) has been terminated or altered in any way, for a reasonable period thereafter (including, where applicable, a period to enable us to enforce our rights under any contract with you).
  1. The consent that you provide for the collection, use and disclosure of your personal data will remain valid until such time it is being withdrawn by you in writing. You may withdraw consent and request us to stop using and/or disclosing your personal data for any or all of the purposes listed above by submitting your request in writing or via email to our Data Protection Officer at the contact details provided below.
  2. Upon receipt of your written request to withdraw your consent, we may require reasonable time (depending on the complexity of the request and its impact on our relationship with you) for your request to be processed and for us to notify you of the consequences of us acceding to the same, including any legal consequences which may affect your rights and liabilities to us. In general, we shall seek to process your request within ten (10) business days of receiving it.
  3. Whilst we respect your decision to withdraw your consent, please note that depending on the nature and scope of your request, we may not be in a position to continue providing our goods or services to you and we shall, in such circumstances, notify you before completing the processing of your request. Should you decide to cancel your withdrawal of consent, please inform us in writing in the manner described in clause 8 above.
  4. Please note that withdrawing consent does not affect our right to continue to collect, use and disclose personal data where such collection, use and disclose without consent is permitted or required under applicable laws.
  1. If you wish to make (a) an access request for access to a copy of the personal data which we hold about you or information about the ways in which we use or disclose your personal data, or (b) a correction request to correct or update any of your personal data which we hold about you, you may submit your request in writing or via email to our Data Protection Officer at the contact details provided below.
  2. Please note that a reasonable fee may be charged for an access request. If so, we will inform you of the fee before processing your request.
  3. We will respond to your request as soon as reasonably possible. Should we not be able to respond to your request within thirty (30) days after receiving your request, we will inform you in writing within thirty (30) days of the time by which we will be able to respond to your request. If we are unable to provide you with any personal data or to make a correction requested by you, we shall generally inform you of the reasons why we are unable to do so (except where we are not required to do so under the PDPA).
  1. To safeguard your personal data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced appropriate administrative, physical and technical measures such as up-to-date antivirus protection, encryption and the use of privacy filters to secure all storage and transmission of personal data by us, and disclosing personal data both internally and to our authorised third party service providers and agents only on a need-to-know basis.
  2. You should be aware, however, that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
  1. We generally rely on personal data provided by you (or your authorised representative). In order to ensure that your personal data is current, complete and accurate, please update us if there are changes to your personal data by informing our Data Protection Officer in writing or via email at the contact details provided below.
  1. We may retain your personal data for as long as it is necessary to fulfil the purpose for which it was collected, or as required or permitted by applicable laws.
  2. We will cease to retain your personal data, or remove the means by which the data can be associated with you, as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal data was collected, and is no longer necessary for legal or business purposes.
  1. We generally do not transfer your personal data to countries outside of Singapore. However, if we do so, we will obtain your consent for the transfer to be made and we will take steps to ensure that your personal data continues to receive a standard of protection that is at least comparable to that provided under the PDPA.
  1. You may contact our Data Protection Officer if you have any enquiries or feedback on our personal data protection policies and procedures, or if you wish to make any request, in the following manner:
    Address:
    Data Protection Officer
    Wizlearn Technologies Pte Ltd
    1 Commonwealth Lane, #08-08, One Commonwealth,
    Singapore 149544
    Email:
    dpo@wizlearn.com
    Tel: +65 6776 2013
  1. This Notice applies in conjunction with any other notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal data by us.
  2. We may revise this Notice from time to time without any prior notice. You may determine if any such revision has taken place by referring to the date on which this Notice was last updated. Your continued use of our services constitutes your acknowledgement and acceptance of such changes.
    Effective date : 22 January 2020
    Last updated : 22 January 2020