Learn Skills provides many services (each a “Service” and together the “Services”) through its website(s) located at LearnSkills.co, as well as any other websites and applications owned, operated, or controlled by us (each a “Website” and collectively the “Websites”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any Learn Skills online educational programs (collectively, the “Educational Content” or “Educational Contents”) and related services. For clarity, Learn Skills offers certain Educational Content that are curated, specially designed, and produced which are referred to as “In-Demand Skills” programs. A verified certificate of accomplishment upon conclusion of the applicable Educational Content (“Verified Certificate”), shall be awarded, in the sole discretion of Learn Skills and the instructors for the Educational Content, to Students (defined below) who have completed the course to the satisfaction of Learn Skills including without limitation being in compliance with all Learn Skills policies.
Learn Skills and the instructors of the Educational Content further reserve the right to alter, modify or rearrange the schedule of topics for the Educational Content, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Educational Content, Students acknowledge that Learn Skills and the instructors maintain the right and ability to adapt, modify or revise the Educational Content as Learn Skills and the instructors deem appropriate.
ACCESS AND USER ACCOUNTS
- a “Guest,” meaning any individual that browses any of our Services, including, without limitation, through a mobile or other wireless device without being registered,
- a “Student,” meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Educational Content and other Learn Skills‘s Services and/or services, content, and/or certification provided by Educational Partners and that you intend to complete the applicable program, including the homework assignments and exams, and other requirements related to those individual programs.
- a “Expert” meaning that you have a User Account and have entered into the Expert Services Agreement with Learn Skills to provide Expert and project review services to Students.
The term “User” refers to a Guest, Student, Expert, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any Learn Skills community (e.g., moderators, volunteers, or experts-in-residence).
User Accounts: In order to use, access, or take part in many of our Services, including the Educational Content or to provide Expert Services, you must select a login identification (“User ID”) and a unique user password (“User Password”) (collectively, a “User Account”). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of an In-Demand Skills program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrolment in any Educational Content, or an In-Demand Skills programs, to the extent applicable.
If you are Guest, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
Agreement to Receive Electronic Communications.
USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, “Unauthorized Content”):
- that is obscene, fraudulent, indecent, or libellous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
LEARN SKILLS’S INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by Learn Skills and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the “Content”), are the property of Learn Skills and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Singapore and foreign law.
Learn Skills logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Educational Content (“Marks”), are the property of Learn Skills and are protected under Singapore and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Learn Skills.
From time to time, Learn Skills may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an “as-is” basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Learn Skills and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
In some instances, some of the Content belonging to our licenses and provided in connection with the Educational Content, may require you to agree to that licensor’s terms and conditions. Learn Skills has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
LICENSE TO EDUCATIONAL CONTENT
As used herein, “Educational Content” means a subset of the Content containing the educational materials made available to you through the Educational Content, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools. Such Educational Content will be considered the “Licensed Material” under the terms of the CC License (as defined below).
Learn Skills hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial-NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the “CC License”) provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that Learn Skills expressly defines as falling outside of the definition of “non-commercial”:
- (a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
- (b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
- (c) providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
- (d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any “pop-up advertisements”;
- (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
- (f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
Learn Skills may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Educational Content, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). Learn Skills is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Learn Skills does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Educational Content. Accordingly, subject to the license granted to Learn Skills below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
With respect to any User Content you submit to Learn Skills (including for inclusion on the Websites or Educational Content) or that is otherwise made available to Learn Skills, you hereby grant Learn Skills an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Educational Content or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Learn Skills above shall be exclusive. Learn Skills reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Learn Skills to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and Learn Skills, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
FORUM, BLOG, AND CHATROOM SERVICES
SOCIAL SHARING AND LEARN SKILLS PROFILES
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Educational Content, your access to our career services offering may be disabled.
By enrolling in an Educational Content or purchasing any of our Services and providing Learn Skills with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Learn Skills through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process (“Payment Method”). You agree to Learn Skills, or its third-party payment provider, storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Learn Skills Services as they become due subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Learn Skills does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
Automatic Subscription Based Payments. BY SELECTING AN AUTOMATIC SUBSCRIPTION BASED ENROLLMENT, YOU EXPRESSLY AUTHORIZE LEARN SKILLS TO AUTOMATICALLY CHARGE THE APPLICABLE RECURRING YEARLY FEE AND ANY AND ALL APPLICABLE TAXES TO YOUR PAYMENT METHOD UNLESS AND UNTIL YOU CANCEL OR ARE REMOVED. For any Services or products that are provided on an automatic subscription basis, unless otherwise specified during enrolment, your first yearly payment will be charged to your Payment Method upon your purchase date. Upon completion of your purchase, your access to the Educational Content begins. For some Educational Content, you may be provided access for a limited Educational Content preview period (“Free Trial”) and your first payment will be scheduled for the date of the end of the Free Trial. At the time of the first scheduled payment your Payment Method will be charged and your automatic-renewal subscription will start. You may not receive a notice from us that your thirty (30) day trial period has ended or that the subscription-based payments have begun. Your subscription will continue on a year-to-year basis with recurring payments unless and until you cancel or are removed. You agree to pay the then current applicable yearly payment.
After the first year automated subscription payment, for each subsequent year, the yearly fee will automatically be billed on the yearly anniversary date of your initial credit card charge date (“Billing Date”). Failure to pay may result in the termination of your subscription.
Cancelling your automatic yearly subscription. Your automatic yearly renewal subscription will continue unless and until you cancel your subscription, or we terminate it. You may cancel your automatic subscription at any time by going to ‘Subscription & Billing’ setting found in your account ‘Settings’, then click ‘Cancel’ on your active enrolment; you can also contact us at firstname.lastname@example.org and requesting to cancel your automatic subscription to the Educational Content.
You must cancel your automatic yearly subscription the day before your next billing date occurs in order to avoid being billed for the next period’s yearly fee. If you choose to cancel your automatic yearly subscription from an Educational Content, you will continue to have full access to the Educational Content until the end of the current period, there is no refund for the remaining period of the year in which you cancelled. Following your subscription cancellation, you will have no access to the Educational Content materials.
Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. Your continued use of Learn Skills and the Educational Content after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future years.
Taxes. When you purchase any Educational Content or other Service or product from Learn Skills, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that Learn Skills determines it is required to collect (“Taxes”). Please note that Learn Skills will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Learn Skills to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where GST collection is required, if any, GST will be calculated and added at checkout. You hereby agree to indemnify and hold Learn Skills harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, GST, and any related penalties and/or interest.
Free Trials. Currently, your subscription to Learn Skills products or Services may start with a Free Trial, but only if the terms of your enrolment specifically provide for a Free Trial. In such case, the length of the Free Trial period for your subscription will last only for the period of time specified during your sign-up. If you have subscribed to a particular paid service or product, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a Free Trial for that service or product. If you begin your subscription with a Free Trial, we will begin billing your Payment Method for yearly membership fees at the end of the Free Trial period of your subscription unless you cancel prior to the end of the Free Trial period by contacting email@example.com. Your Payment Method may be authorized for up to approximately one year of service as soon as you register for a Free Trial. If you cancel your subscription before your access to the Educational Content begins (such as a Free Trial), you will not be charged, but you may be ineligible for certain promotions and pricing in the future.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that Learn Skills’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that Learn Skills, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Educational Content, such as access to Experts, evaluation services, career services, records of Educational Content completion, or other Learn Skills Services. You also understand that Learn Skills may modify or discontinue any or all of the Services related to its Educational Content at its sole discretion.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND EDUCATIONAL CONTENT (INCLUDING ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, EDUCATIONAL CONTENT, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE EDUCATIONAL CONTENT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE EDUCATIONAL CONTENT WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
LIMITATION OF LIABILITY
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Educational Content may contain links to pages or content on third-party websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale. Learn Skills does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) 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. We may remove any Linked Sites from the Websites or Educational Content at any time for any reason or for no reason. LEARN SKILLS WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. 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 with the operator of such Linked Site.
TERMINATION OF RIGHTS
COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE
Learn Skills respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Learn Skills’s Copyright Agent with the following information:
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Educational Content;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.
Learn Skills’s Copyright Protection Officer for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Protection Officer
Tecmasek Private Limited
7 Temasek Boulevard #12-07,
Suntec Tower One,
Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at firstname.lastname@example.org to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The SIAC rules governing the arbitration may be accessed at https://www.siac.org.sg/our-rules/rules. If you initiate arbitration, you are required to pay the cost of the filing fees, you should submit a request for payment of fees to SIAC along with your form for initiating the arbitration, and you shall make arrangements to pay all necessary fees directly to SIAC. You will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and Learn Skills each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Learn Skills each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Singapore. The parties expressly consent to exclusive jurisdiction in Singapore for any litigation. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
· Should we update, amend or make any changes to this document, those changes will be prominently posted here.
Data Protection Officer
Tecmasek Private Limited
7 Temasek Boulevard #12-07,
Suntec Tower One,
For more information about the Singapore Personal Data Protection Act, please visit http://www.pdpc.gov.sg