Terms of Use

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 protected]

2.1 Using our website, applications, and the Online Content and Courses, you confirm that you have read, agreed, and complied with these Terms and any other policies (each 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.

2.3 You agree to comply with these Terms about 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 we provide may change from time to time without prior notice.

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).

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 allow us to tailor the services to suit you.

3.3 Accuracy and Completeness. You undertake to us that all information provided by you about your Learner Account is and will continue to be current, true, accurate and complete at all times. You will maintain and update your information to keep it current, accurate, and done.

3.4 By registering with Xprenia for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:

3.5 If you are disqualified for any reason under paragraphs 3.4 (1), (2) or (3), we may prohibit your access or participation in the Online Content and Courses.

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:

1. 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
2. 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.

7.4 When you notify us by paragraph 7.2, your written notice must contain the following:

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:

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 the operator of such Linked Site and us.

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. As appropriate, all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it by the licence terms 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 like intellectual property rights existing in or about 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 renewals and extensions of such Online Content and Courses IPR or Xprenia IPR. You unconditionally and irrevocably waive any 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 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.

11.1 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:

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.

12.1 Nothing in these Terms affects any statutory rights 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 concerning them.

12.4 We provide the Online Content and Courses on our website and applications in good faith. Still, We 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.

12.6 We accept no responsibility for any loss or damage incurred by you as a result of:

1. 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 about the Online Content and Courses;
2. 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;
3. 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;
4. your failure to provide us with accurate account information; or
5. 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:

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 by 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 by the laws of Singapore without regard to choice or conflicts of law principles, and you at this moment 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.

14.1 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.

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 prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure to exercise any right we may have under these Terms does not constitute a waiver of that right.