Terms And Conditions

TERMS AND CONDITIONS OF EQUINET.CO

Welcome to EQUINET.CO , provided by EQUINET ACADEMY PTE. LTD. (we or us).

Please read these Terms and Conditions (“Terms and Conditions”) carefully before using Equinet Co, including the platform, website, online learning portal, its services, products and its Content (education materials, videos, learning resources, notes, webinars, expert advice), which together comprise the “Software”. The Terms and Conditions forms a legally binding agreement between you and us and sets forth the terms and conditions by which you may use the Software. You shall be deemed to have accepted the terms herein by your continued use of the Learning Management System.

For the purposes of these Terms and Conditions, you and your means you as the user of the Software.

Acceptance.

You acknowledge and agree that our licence of the Software to you is conditional on your compliance with the provisions of these Terms and Conditions. By accessing and using the Software, you agree to be bound by the terms of these Terms and Conditions. If you do not agree to the Terms and Conditions, you are not granted any rights to use the Software, and you should not use the Software.
The Terms and Conditions are to be read along with our Privacy Policy, all of which apply to your use of the Software. You are deemed to consent to the terms of the Privacy Policy, and the Terms and Conditions, by your continued use of the Software.
The Terms and Conditions may be modified, amended or revised from time to time by us. You may determine if any such amendment has taken place by referring to the date on which these Terms and Conditions were last updated. Your continued use of our Software constitutes your acknowledgement and acceptance of such changes.

Grant of licence.

During your subscription to a Subscription Plan, and subject to your compliance with the Terms and Conditions, we grant to you, and you hereby accept, a limited, non-exclusive, revocable, non-transferable, non-sublicensable licence to use and access the Software and its Content via an Account (as defined hereinafter).
As a precondition to the use of the Software, you consent to the collection of your personal data and specifically authorise us to use, store or otherwise process your data or information to facilitate the use of this Software and such permission shall cease upon the withdrawal of such consent or at the end of your subscription.
Your access and use of the Software is subject to your registration and onboarding process, you agreeing to the Terms and Conditions, Privacy Policy, and payment of the fees.
The Software is provided on a “as is where is'' and “as available” basis. We do not guarantee that the Software is fault–free, continuous or uninterruptible or provide any other warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Software.
We do not endorse, sponsor, certify or guarantee the quality, safety, accuracy, availability of the Software or any service provided by a third-party. We are not liable for any technical problems or issues which impedes, disrupts or restricts all or any use of the Software. In no event shall you have any claim against us for any liability, loss, and/or damages arising from the inability to use the Software.
You acknowledge that the availability of the Software is subject to the availability of our resources, a suitable network infrastructure, and the technicality of the Software.
We reserve the right at its sole discretion to suspend, deny access to / use of the Software for the purpose of system, upgrading, security, maintenance or such other purposes as/ when we may deem appropriate. We may discontinue all or part of the Software or add/modify all or part of the Software without notice to you.
We will not be responsible for any acts or omission of a third party arising out of the use of the third party services in connection with the operation or use of the Software, including the third party's access to or use of your Personal Data or data and we not warrant or support any service provided by the third party.

Account

You shall procure and maintain at its own expense, an account registered with us (“Account”) and/or other equipment, software, operating conditions and specifications needed to implement, receive and use the Software. The Account is needed to purchase and access content or to submit content for accreditation purposes. You must be at least 18 years of age to create an Account with us. If you are under 18 of age, you represent and warrant that you have obtained parental consent to use the Learning Management System.
As a condition to the use of the Software, you agree to complete a registration and onboarding process by providing us with current, complete and accurate personal information. Such information will be handled and processed in accordance with privacy laws in Singapore and our Privacy Policy.
You warrant that all such information provided to us is true and accurate. We bear no responsibility for any false, inaccurate or untrue information or the consequences thereof and cannot be held liable. We have the sole authority to refuse and/or terminate access if you have wilfully submitted inaccurate, untrue or false information during the registration and onboarding process.
When setting up your Account, you will be asked to create a login credential and username for your Account. You may not select an account username or identifier that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar, offensive, or may cause confusion. We reserve the right to reject and/or reassign these login credentials or username at our sole discretion.
You may be provided with a user identification code, password or any piece of information as part of our security procedures, and you must treat such information as confidential. You must not disclose it to any third party.
You may not use someone else’s Account or allow another person to use your Account. You shall notify us immediately of any unauthorised use of your Account, any other known breach of security and report to us immediately and use all reasonable efforts to stop any unauthorised use of the Account that is known or suspected by you.
You may cancel your subscription through your accounts settings page. If you cancel your subscription to a subscription plan, your access to the Account will automatically be terminated on the last day of your billing period.
You may interact or come across any third party content including links to website, information, communications and materials (“Third Party Content”) We do not monitor or control any Third Party Content on the Software including the Website and the Portal. We do not make an endorsement or representations as to any Third-Party Content. You are cautioned to use these Third Party Content at your own risk, and you agree to bear sole responsibility and liability for the use of the Third Party Content.
You understand that the purpose of the Content is to provide educational information to the users of the Platforms. We do not make any representations or warranties for any guaranteed performances, results or for any nature whatsoever regarding any exposure to the use of the Content. Whilst every care and effort has been made to ensure that the Content is accurate at the time of publication and creation, we assume no responsibility for any errors in the Content.

Fees

Unless and otherwise agreed by us and you, all fees and charges in connection with the use of the Software and any services incidental and miscellaneous to the provision of the Software are payable according to subscription plan as stated on our pricing plans.
The currency that you are charged in depends on your location when you created your account or based on the country where you are located. Before you complete a payment, you shall be solely responsible for ensuring the displayed prices and the billing currency is similar to the currency that you will be paying in. You agree to pay all tax levied by any tax authorities which may be in the form of goods and services tax or value added tax in connection with your purchase of any goods or services.
We may occasionally run promotions or discounts, during which certain services or content is available at a discounted rate for a period of time on certain conditions. We reserve the right to make changes to the displayed price up till the time when the service or content is purchased. The subscription plan that you purchase or renew determines the scope, features and price of your access to a subscription plan. You may not transfer, assign or share your subscription with anyone else.
After making payment, you will be contacted by our team, acknowledging that we have received your payment. However, your access to and use of the Software including the Portal is subject to your completion of the onboarding and registration process and your compliance of these Terms and Conditions. We reserve the right to reject any payment(s) or application(s).
You agree to pay the fees for the subscription fee before the use of the Software or within 30 days of receipt of any invoice issued by us, and you authorise to charge your debit or credit card or process other means of payment as determined by us for those fees. We work with various payment service providers to offer you the most convenient payment. When you make payment to us, third party payment processors or merchants may collect your data and process the payment, and interact with your bank or credit card issuer. We will not be responsible for any of these third-party merchants’ access to, and use of your personal data.
You agree that we will not be responsible for any fees, costs, loss arising due to fluctuations in exchange rate, taxes incurred by you from the use of the Software, including transaction fees payable to a third-party, fees payable to the maintain or open an Account.
When you make a purchase, you agree to use a valid payment method which is authorised by you such as your own credit card. In the event that you do not pay the corresponding fee of your subscription plan from us, we reserve the right to disable any access to the Software and the Content.
You may request for a refund within 7 days of your payment to us by writing to us. We have the sole discretion to determine if a refund is to be made in every refund request. We also reserve the right to refund your payment, after deducting any processing fee, through your original payment method or in any way we deem fit, including but not limited to refund credits for use on Equinet Academy services and products. Upon approval of your refund request, your access to the Software including the Portal will be terminated with immediate effect.

User’s Warranties and Covenants.

You covenant that you will not:

use the Software other than in accordance with these Terms and Conditions;
access, tamper with, or use the non-public areas of the Software and the Portal (including content storage), our computer systems, or the technical delivery systems of our service providers;
disable, interfere with, or try to circumvent any of the features of the Software relating to security or probe, scan or test the vulnerability of any of our systems.
copy, translate, merge, adapt, vary, alter or modify the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs, except as necessary to use the Software as permitted in these Terms and Conditions;
disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such things including attempting to determine any source code, methods or techniques embodied in the Software; or
divulge, distribute, license, transfer or sell any part of the Software, Content or any derivative works thereof.
market, rent, lease, sub-license, loan, provide, or otherwise make available the Software in any form, in whole or in part to any person;
infringe our intellectual property rights or those of any third party in relation to your use of the Software;
use, reproduce, pass-off, or seek to register any of the Content, intellectual property rights, or any trademark, copyright, service marks, name, word, logo or symbol which is identical or may be associated with any of the intellectual property rights or Content;
commit any act which challenges the ownership of the validity of the intellectual property rights in the Content or assists any person in such act;
transmit, post or promote any material relating to the Software that is defamatory, offensive, sexually explicit, violent, discriminatory or any other material which would otherwise be objectionable in relation to your use of the Software;
use or interfere with the Software in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users of the Software;
use the Software or create an Account for unlawful purposes or contravene, violate or flout any law, order, rule or regulation of the Republic of Singapore or any jurisdiction elsewhere.
bypass, delete or disable any copyright protection mechanisms or any security mechanisms in the Software; or
collect or harvest any information or data, including by automated scripts, from the Software or our systems or attempt to decipher any transmissions to or from the servers running any service or incorporated into any other program or application.

You warrant that:

You have the full legal capacity, power and authority and, if it is a company, have taken all necessary action (including the passing of all resolutions and obtaining any necessary consents) to enter into, execute and deliver, and exercise its rights, and perform its obligations, under these Terms and Conditions;
You shall comply with all applicable laws, statutes, regulations, and ordinances including any applicable technology control or export laws and regulations that apply to the technology used or supported by the Software; and
You shall ensure that there is no unauthorised or improper use, access, sharing, duplication, distribution, or abuse of the Software.

Ownership of the Learning Management System.

You acknowledge that:

the Software (comprising of inter alia the Portal and Website), including all content, information, images, text, graphics, illustrations, logos, patents, trade marks, service marks, copyrights, “look and feel”, and all other intellectual property rights embodied therein or connected therewith is owned by us and shall remain with us or our third party licensors; and
no right, title or interest in and to the Software is transferred, assigned or otherwise conveyed under these Terms and Conditions to you or any other party other than as set out in the limited licence granted herein.

Any feedback, comments or suggestions you may provide pertaining to the Software including the functionality, user experience and Content is entirely voluntary, and you agree to allow us to use such feedback, comment or suggestion as we deem fit without any obligation or royalty to you.

Availability of the Learning Management System and Upgrades.

The Software may require that you have a specific type of device, operating system, application, programme, minimum available memory or other technical aspects in order to use it.
The Software may require you to download and install upgrades for those applications or programs. These upgrades are designed to further improve and enhance your use of the Learning Management System. You agree to download and install all upgrades as and when they become available.

No Warranties.

This Software is provided on an “as-is” and “as-available” basis, and we do not guarantee to you that our Software is free or secure of bugs, malware, viruses or any other such intrusions. You shall use your own virus protection software when accessing and using the Software.
We do not make any representation or guarantee the reliability, validity, truthfulness, quality, safety, accuracy, and availability of the Software or the ability of the Software to fulfil your obligations or purpose whether known to us or otherwise.
We will not be responsible for any acts or omissions of a third-party arising out of the use of the third-party services in connection with the operation of the Software, including the third party's access to or use of your Personal Data or data and we do not warrant or support any service provided by the third party.
We hereby disclaim all representations, warranties, and conditions, express or implied, of fitness for a particular purpose, merchantability, title, performance, noninfringement, non-interference, informational contents, accuracy, compatibility, system, integration, security and condition or operation of the Software and/or the technology deployed in connection therewith. In addition, we make no representation or warranty regarding the nature of the Content, or that the operation of the technology on the Software will be free from faults, interruptions or errors.
We do not review the Content or exercise any editorial control over the Content. By using the Software, you may be exposed to content that you consider offensive, indecent or objectionable. By using the Software you agree to assume all risk and responsibility to such exposure of the Software.
Further, we make no representations, endorsements or warranties that:-

the Software will be available on an uninterrupted, timely, secure, or error-free basis;
there will be performance or results that may be obtained from the use of the Software;
any information stating the past performance or results of the Software will be any guarantee of future results;
any historical data about the Software constitutes a binding or safe forecast as to the corresponding future performance of the Software;
the Software will be compatible with any third party systems;
the Software will be without failure, delay, interruption, error or loss of content, data or information; and
the Software will be accurate and reliable.

Whilst every effort is made to keep the Software to run smoothly, we bear no responsibility, and will not be liable for, the Software or Content being unavailable due to any reasons whatsoever and howsoever.

Indemnification.

You agree to indemnify and hold harmless us, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, reasonable legal fees and expenses, arising out of or in connection with the use of the Software and/or arising out of a breach of any of your representations, warranties or obligations under these Terms and Conditions.

Exclusion of Warranties

Except as expressly set out in these Terms and Conditions, no conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Software.

Limitation of Liability

Under NO circumstance shall we be liable for any damages, costs, expense or loss resulting from the use of, or inability to use the Software, performance of the Software or the use of or reliance on the Content therein including damages caused by malware, viruses, the incorrectness or incompleteness of the information on the Software, compatibility issues, malfunctions, faults, delay in transmission of instruction or data pertaining to the operation of the Software.
In NO event shall we be liable to you or any other person or entity for any direct, indirect or consequential loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising including legal fees on a full indemnity basis, cost of funding and loss or cost incurred by you, irrespective of whether such damages are foreseeable or not, as a result of or in connection with:

Any access, use of the Software or the inability to access or use the Software;
Any performance or failure of the Software;
Any information provided to you relating to the Software;
Any use or reliance on the materials posted, maintained, contained or stored on the Software;
Any transaction performed incidental to or in connection with the use of the Software;
Any termination of your Account or use of the Software;
Any loss or abuse or authorised disclosure of information;
Any failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus;
Any use of or access to any third-party service providers, contractors or agents; or
Any breach or violation of any third-party rights, including but not limited to the violation of any proprietary or intellectual property rights or the enforcement of any of such rights.

You acknowledge, understand and appreciate your use of the Software carries with it inherent risks and dangers that may not be eliminated regardless of the care and precautions taken. You hereby assume all risks occurring in connection with the use of the Software.
You hereby release, waive, discharge us, our directors, agents, shareholders, officers, contractors, partners, staff and employees from all liabilities and claims for personal injury, property damage, wrongful death and causes of action of any kind caused in part or whole by the negligence of us, our directors, agents, shareholders, officers, contractors, partners and employees arising from, but not limited to the use of the Software.
Without prejudice to the clauses on the exclusion of limitation, our aggregate liability in respect of claims arising out of or in connection with these Terms and Conditions or any collateral contract, whether in contract or tort (including negligence) or otherwise, shall in no circumstances exceed the total subscription fee paid or payable by you during the 12 months preceding the date that the claim arose.

Term and Termination.

The Terms and Conditions will be effective from the creation date of your Account until terminated in accordance with these Terms and Conditions. In the event of termination, your access and use of the Software and any of its function(s) including your Account will cease immediately.
We may terminate your use of the Software on 5 days’ written notice if there has been a breach of any of the terms herein or if we suspect or believe that you will breach or violate any of the terms herein.
Your access to the Software and the Account may be terminated on 1 day’s written notice if you do not make timely payment of your subscription fees.
We reserve the right to terminate your use of the Software immediately and without notice to you, if you, or we believe that you, engage in acts that will cause the Software to be disrupted, malfunctioned, destroyed or infected, or if you break or violate any laws, regulations or orders in connection with your use of the Software.
The following shall survive the termination of use of the Software:

all liabilities accrued under these Terms and Conditions prior to the effective date of termination; and
all provisions set out in sections 3, 4, 7, 9 and 10 of these Terms and Conditions.

Confidentiality

You undertake that you will maintain and treat in confidence the contents of these Terms and Conditions and all other confidential information whether of a technical or business nature or otherwise relating in any manner to the information and Content which you may receive in connection with the Software and shall not divulge or disclose the same to any third Party, except to the extent that any such information becomes public through no fault of you or is required to be disclosed pursuant to law, regulatory authority or administrative agency. The obligations and restrictions in this clause herein shall survive for a period of two (2) years from termination or the end of the Term.

Miscellaneous.

Entire Agreement. The Terms and Conditions govern your use of the Software and completely replace any prior agreements between you and us in relation to the Software. You acknowledge that you are not relying on and will have no remedies in respect of any undertakings, warranties, promises or assurances that are not set forth in these Terms and Conditions.
Variation. These Terms and Conditions may only be amended, modified or supplemented by agreement in writing between the parties.
Governing Law. These Terms and Conditions and any non-contractual obligations arising out of, or in connection with it, shall be governed by, and interpreted in accordance with, Singapore law, without regard to conflict of law principles. Without affecting the generality of this clause 14.3, you agree to resolve this dispute through alternative dispute resolution processes under the jurisdiction of the Republic of Singapore and in accordance with its applicable laws.
Third Party Rights. A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) of Singapore to enforce any of its terms. Notwithstanding any terms of these Terms and Conditions, the consent of any third party is not required for any variation (including any release or compromise of any liability under) or termination of these Terms and Conditions.
Contact Us. All questions concerning these Terms and Conditions must be directed to us in writing.