We reserve the right to update or revise the Terms at our sole discretion from time to time. The updated Terms 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 Terms constitutes acceptance of those changes.
01. About Us
1.1 In these Terms, references to “we”, “us”, and “our” are to Xprenia and/or any affiliated organisation(s), as appropriate.
1.2 In these Terms, references to “you” or “your” are references to you, whether as a student registering with Xprenia (the “User”) or an entity visiting and browsing our website and applications (the “Visitor”).
1.3 Xprenia offers information, services and materials (the “Online Content and Courses”) from BlackStorm Consulting and/or any affiliated organisation(s) and third parties from across the world.
1.4 Contacting Us. You may contact us if you have any feedback or enquiries these Terms or wish to make any request in the following manner:
Email address: email@example.com
02. Using Our Website and Applications (User Conduct)
2.1 By using our website, applications, and the Online Content and Courses, you confirm that you have read, agreed, and comply with these Terms and any other policies (each as revised from time to time). Use of our website and applications and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
2.2 Your use of and access to our website, applications and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. Acceptable Use Conditions are as follows:
(i) You agree to use our website, applications and access the Online Content and Courses only for lawful purposes, and your use of our website, applications, and Online Content and Courses is in no way unlawful or fraudulent and does not have the intention or effect of damaging the third parties we have engaged either reputationally or financially or us;
(ii) You agree not to use or access our website, applications or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
(iii) You agree not to distribute all or any part of our website, applications or Online Content and Courses in any medium without our prior written consent unless such distribution is offered through the functionality of our website and applications, and permitted by these Terms;
(iv) You agree not to alter or modify any part of our website, applications or the Online Content and Courses;
(v) You agree not to access our website, applications or the Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third parties web browsers such as Chrome, Firefox, Apple Safari or Internet Explorer;
(vi) You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security-related features of our website, applications or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of our website, applications or access to the Online Content and Courses;
(vii) You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely;
(viii) You agree not to use or access our website, applications or Online Content and Courses for any commercial uses or the benefit of any third party, including but not limited to:
a) the sale of access to the Online Content and Courses or any associated content;
b) the solicitation of business in the course of trade or connection with a commercial enterprise; and
c) the solicitation of any Learner or Visitor of our website and applications with respect to their content for commercial purposes;
(ix) You agree to use our website, applications and access the Online Content and Courses in a way that does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of our website, applications and the Online Content and Courses;
(x) You agree not to ask for, collect or harvest any personal data of any User or Visitor of our website, applications or the Online Content and Courses;
(xi) You agree not to post, upload, email, or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
(xii) You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on our website and applications (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
(xiii) You agree not to use our website, applications or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Xprenia server or the network(s) connected to any Xprenia server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to our website and applications;
(xiv) You agree not to use any high volume, automated, or electronic means to access our website, applications or the Online Content and Courses (including without limitation robots, spiders or scripts);
(xv) You agree not to frame our website, applications or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
(xvi) You agree not to access or attempt to access any other Learner or Visitor’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
(xvii) You agree not to force headers or otherwise manipulate identifiers to disguise the origin of any communication transmitted through our website and applications; and
(xviii) You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms.
2.3 You agree to comply with these Terms in relation to any User Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5 You acknowledge and agree that the form and nature of our website, applications and the Online Content and Courses which we provide may change from time to time without prior notice to you.
2.6 While we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using our website, applications and the Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. Accordingly, we are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.
2.7 You acknowledge and agree that we may stop (permanently or temporarily) providing our website, applications and the Online Content and Courses (or any part of the Online Content and Courses) to you or Learners generally for whatever reason, at our sole discretion, without prior notice to you.
2.8 You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
03. Registration and Accounts
3.1 Any Visitor can view our website, but in order to participate fully in all activities on our website and applications and take part in the Online Content and Courses, you must register for a personal account on our website (the “Learner Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.
3.2 Creation of Account. In creating your Learner Account, you may be prompted or required to enter additional information, including date of birth, location, educational level, work experience and any other information that will help other Learners get to know you and help us to tailor the services to suit you.
3.3 Accuracy and Completeness. You undertake to us that all information provided by you in relation to your Learner Account is and will continue to be current, true, accurate and complete at all times and that you will maintain and update your information to keep it current, true, accurate and complete.
3.4 By registering with Xprenia for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:
(i) are, and will continue to be, registered for our website only once and will not create multiple Learner Accounts;
(ii) will not let anyone else use your Learner Account;
(iii) will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to any assignment or exam; and
(iv) will notify the administrators of the relevant Online Content and Courses immediately if you become aware of any other Learner cheating or breaching these Terms.
3.5 If you are disqualified for any reason under paragraph 3.4(i), (ii) or (iii), we may prohibit your access or participation in the Online Content and Courses.
04. Course Providers
4.1 We may make certain Online Content and Courses available to Learners who are registered students and/or employees of our clients and partners, including educational institutions, corporates, sponsors, non-profit organisations and individuals (each a “Course Provider”).
4.2 Your access to such Online Content and Courses may be provided to you through your Learner Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise participating in, a third party entity and are taking the Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that third party, you acknowledge and agree that:
(i) the third party may have its terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving Accreditation for the Online Content and Courses, and your educational or student records as they may relate to your participation and performance in the Online Content and Courses; and
(ii) your educational or student records are maintained by the Course Provider and/or any other third party (and not by us), including for purposes of completing the courses you are registered for at such Course Providers and/or third-party entities, assigning Accreditation.
4.3 The administrators of Course Providers and we reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.
4.4 For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the administrators of Course Providers, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgement or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any certifying institution and will not stand in the place of a course taken at a Course Provider or convey academic credit or certification for any third party and you acknowledge that the administrator of Course Providers will not be obligated to make any attempts to get the course recognised by any educational establishment.
4.5 Suppose you are a User taking any Online Content and Courses for Accreditation at a Course Provider. In that case, any Accreditation may only be awarded directly by that Course Provider based on its policies and procedures, and you may be required by that Course Provider to be registered or enrolled with that Course Provider in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Online Content and Courses.
4.6 We may make certain reports, books and study aids available for purchase while participating in the Online Content and Courses. We will provide links to third party websites to enable you to make these purchases.
4.7 An organisation (which may be a Course Provider, your employer, or a third party otherwise working together with Xprenia) may invite you to (A) participate in a specific course or (B) join their organisation on BlackStorm Learn. By accepting the organisation’s invitation, you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you prior to your acceptance of the invitation sent to you by the inviting organisation.
05. Licence to Use
5.1 Rights. Subject to your compliance with these Terms, we grant you fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited rights:
(i) to access, internally use and display our website, applications and the Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
(ii) to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
5.2 Copyright. You must abide by all copyright notices or restrictions contained on our website, applications or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on our website, applications or the Online Content and Courses.
06. Your Content
6.1 Throughout your use of our website, applications and the Online Content and Courses, you may be able to provide content to our website by uploading notes, replies, discussions, profile pages, other content and media for social interaction, written assignments, surveys, questions, hypothetical, examples, etc. (collectively, the “User Content”).
6.2 Ownership of User Content. We do not claim ownership of any User Content you may submit or make available for inclusion on our website, applications or the Online Content and Courses. Accordingly, subject to the rights granted to us and any applicable Course Provider, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
6.3 With respect to any User, Content you submit to us, or that is otherwise made available to us, you grant us irrevocable, worldwide, perpetual, royalty-free and non-exclusive rights to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on our website, applications and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of our website, applications and the Online Content and Courses. We reserve the right to remove any User Content without notice at any time and for any reason.
6.4 To the extent that you provide any User Content, you represent and warrant that:
(i) you have all necessary rights and/or clearances to provide such User Content and permit us to use and publish such User Content as provided in paragraphs 6.1 to 6.3 above;
(ii) such User Content is true, accurate and complete to the best of your knowledge and belief;
(iii) as between you and us, you are responsible for the payment of any third-party fees related to the provision, publication and use of such User Content; and
(iv) such use and/or publication of your User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
6.5 With respect to any submissions of User Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
6.6 Our website, applications and/or the Online Content and Courses may provide you with the ability to post notes and replies, participate in group discussions, submit assignments or send similar messages and communications to third-party service providers, other Learners and/or us.
6.7 You agree to use communication methods available on our website, applications and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any of our applicable client and/or partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms and the policies.
6.8 By using any of the communications methods available on our website, applications and/or the Online Content and Courses, you agree that:
(i) all communications methods constitute public, and not private, means of communication between you and any other parties;
(ii) communications sent to or received from third-party service providers or other third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
(iii) most content will be reactively-moderated if flagged by Learners or Visitors, but we reserve the right to pre-review or post-review User Content to ensure that it complies with generally acceptable standards of communication.
6.9 Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you and allow you to communicate with our staff members.
6.10 You acknowledge and agree that the services set out in paragraphs 6.6 to 6.9 above (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
07. Copyright Policy
7.1 It is our policy that any content included on our website, applications or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from our website as soon as possible after we are made aware of such infringement or potential infringement.
7.2 Suppose you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right. In that case, you should report any alleged infringements of your intellectual property rights taking place on or through our website by emailing firstname.lastname@example.org, containing at a minimum the details outlined in section 7.4 below.
7.3 We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.
7.4 When you notify us in accordance with paragraph 7.2, your written notice must contain the following:
(i) a statement telling us you believe that you have found content on our website and applications which you believe infringes your intellectual property rights;
(ii) which country your intellectual property rights apply to;
(iii) the title of the content concerned and the full URL for access to that content;
(iv) a statement explaining how the content infringes your intellectual property rights;
(v) your mailing address, telephone number and email address so that we can contact you;
(vi) a statement that the information contained in the notice is true and accurate, and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
(vii) your signature (an electronic signature is sufficient).
7.5 We will, acting in our sole discretion, terminate Learner Accounts and access to our website, applications and the Online Content and Courses if a Learner has been notified of infringing activity twice or more, regardless of whether the Learner has taken appropriate action as we may direct.
08. Privacy and Security
8.1 We respect your privacy rights. Please see our Privacy and Cookies Policy for full details.
09. Linking to Other Sites
9.1 Our website may contain links to pages on other websites (the “Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
9.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
(i) we have no responsibility for the accuracy or availability of information provided by Linked Sites; and
(ii) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
9.3 We may remove any links to Linked Sites from our website and applications for any reason.
9.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.
9.5 We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
10. Xprenia’s Intellectual Property Rights
10.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of our website, applications, and Online Content and Courses, including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remain the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Course Provider providing the Online Content and Courses.
10.2 Other than any content submitted to our website by you, we own or are licensed to use all present and future copyrights, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to our website and applications (the “Xprenia IPR”).
10.3 Suppose any Online Content and Courses IPR or Xprenia IPR vests in you, whether by operation of law or otherwise. In that case, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or Xprenia IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or Xprenia IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or our website and applications.
10.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR and/or Xprenia IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
11. Your Liability to Us
11.1 You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
(i) you submitting User Content to our website, applications or participating in the Online Content and Courses;
(ii) your access to or use of our website, applications or the Online Content and Courses;
(iii) your breach of any of these Terms; and
(iv) any negligent act or omission, deliberate default or breach of statutory duty on your part.
11.2 Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
11.3 This paragraph 11 survives the expiry of these Terms.
12. Our Liability to you
12.1 Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
12.2 Our website, applications and the Online Content and Courses are provided to you “as is,” and we make no warranty or representation to you with respect to them.
12.3 We exclude all representations, warranties, conditions and terms expressed or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss, or any other losses howsoever caused arising out of or in connection with these Terms. This includes (without limitation):
(i) any loss of profit (directly or indirectly);
(ii) any loss of goodwill; and
(iii) any loss of opportunity.
12.4 We provide the Online Content and Courses on our website and applications in good faith but give no warranty, guarantee or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that our website does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Online Content and Courses on our website and applications, and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on our website and applications, we accept no liability for them.
12.5 Information transmitted via our website and applications will pass over public telecommunications networks. We make no warranty, guarantee or representation that the operation of our website and applications will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.
12.6 We accept no responsibility for any loss or damage incurred by you as a result of:
(i) any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on our website, applications or in relation to the Online Content and Courses;
(ii) any changes which we may make to our website, applications or Online Content and Courses, or for any temporary interruptions in the provision of our website, applications or Online Content and Courses;
(iii) the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of our website and applications;
(iv) your failure to provide us with accurate account information; or
(v) your failure to keep your account details secure and confidential.
12.7 We reserve the right to suspend your use of our website, applications and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
12.8 We may terminate your Learner Account or access/use of our website and applications with immediate effect:
(i) if we reasonably believe you or any Learner you are connected with are in breach of any of these Terms;
(ii) in order to prevent any fraudulent, unlawful or abusive activity; or
(iii) if it is necessary to prevent or stop any harm or damage to us, other Learners of our website and/or applications, or the general public.
13. Governing Law and Dispute Resolution
13.1 These Terms, your use and access to our website and applications, and all other policies issued by us, whether referred to by us herein or not, are governed by and construed in all respects in accordance with the laws of Singapore.
13.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of our website and applications, including as to the validity of these Terms or the policies issued by us, shall be governed in accordance with the laws of Singapore without regard to choice or conflicts of law principles, and you hereby agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any claims or disputes which may arise in connection with these Terms. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 30 days of the dispute being notified in writing via email, we both agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any such dispute.
13.3 Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.
14. Changes to Our Website, Applications and these Terms
14.1 We may update or amend these Terms (as well as our policies and/or other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on our website and applications.
14.2 For any operational, regulatory, legal or other reason, we reserve the rights to modify, suspend or discontinue all the Online Content and Courses with or without notice to you, and we will not be liable to you or any third party for any such modifications, suspension or termination. Your continued use of our website, applications, and products/services constitutes your acknowledgement and acceptance of such changes.
15. Other Important Terms
15.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remains in full force and effect.
15.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.
15.3 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. However, you are not entitled to transfer or assign any part of your rights by operation of law or otherwise or delegate your obligations under these Terms without our prior written consent.
15.4 These Terms and the policies set out the entire agreement between you and us and replace any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by us to exercise any right we may have under these Terms does not constitute a waiver by us of that right.
Effective date: 11 August 2021
Last updated: 11 August 2021