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LG & D Services Pte Ltd
Terms and Conditions
1 GENERAL TERMS AND CONDITIONS
1.1 In using LG & D Services Pte Ltd (“LG & D”)’s website (“the Website”) and/or purchasing LG & D’s products and services (the “Services”), you accept and agree to be bound by the following terms and conditions (collectively referred to as “Terms”):
These terms and conditions may be updated and published at the Website or notified to you in writing from time to time.
1.2 For the purposes of these Terms, besides LG & D, any reference to “we”, “us”, “our” is also to LG & D Services Pte Ltd.
1.3 If you do not accept these Terms, please discontinue from using this Website and/or purchasing/using the Services.
1.4 The Terms form part of (and should be read in conjunction with) the other terms and conditions governing your contractual and commercial relationship with us and under which we provide the Services to you.
1.5 By accessing and browsing through the Website, or otherwise purchasing the Services:
1.6 These Terms supplement but do not supersede nor replace any other consent(s) which you may have previously provided to us.
1.7 LG & D may from time to time update these Terms, at our sole discretion and without prior notice. The amended Terms shall be effective as soon as it is published at the Website. Please review these Terms periodically as your continued use of the Website and the Services is deemed acceptance of any revised Terms in force at that time.
1.8 You acknowledge and agree that the Terms shall continue to bind you even after the conclusion of the Services with no limitation in time save that you shall not be entitled to any Services and hence, shall not be liable to make any payment to LG & D after the conclusion or termination of the agreement to provide the Services and save unless expressly provided for under the respective clause or as context requires, as the case may be.
1.9 If you have any enquiries about these Terms, you may email empower@lgd.com.sg.
2 USE OF THE WEBSITE AND THE SERVICES
General
2.1 Your attention is drawn to LG & D’s Privacy Policy as set out at the Website. The Website and/or the Services is not directed at any person in a jurisdiction where access to and/or use of the Services is prohibited. You are responsible to ensure that you are in compliance with all laws, regulations and rules applicable to you in relation to your use of the Website and/or the Services.
2.2 All content contained at the Website and/or provided to you in connection with the Services (the “Content”) may be viewed for your personal, non-commercial use only, as per clause 2.3. Such permitted usage does not extend to the logos, name and branding of LG & D. The permitted usage also does not include exploitation of the Content for commercial gain.
2.3 You may for your personal, non-commercial use, retrieve and display the Content on any compatible device owned by you, and retain copies of the Content on paper. Such permitted usage does not extend to the logos, name and branding of LG & D and where the Content is marked as confidential information. Where the Content is marked as confidential information, you are not allowed to publish and/or disseminate the Content to third parties, and you may only retain a maximum of two copies of the Content for your personal, non-commercial use.
2.4 All other uses of the Content require the prior written consent of LG & D. Commercial entities are required to seek LG & D’s consent for sharing the Content at their premises and/or websites. We are not obliged to give such consent.
2.5 Without limiting your obligations under the applicable laws, you must not:
Payments
2.6 Payments of the Services may be made via various payment channels advised by us for each of the Services, such as inter-bank transfer, credit or debit card or another payment channel as is made available by us.
Compliance with Anti-Money Laundering and Anti-Terrorism Laws
2.7 We comply strictly with all applicable anti-money laundering and anti-terrorism laws and adhere to these standards in preventing the use of the Services for money laundering. We may require that you submit additional information documents prior to you making a purchase at our sole discretion. You shall ensure that any information or data you provide to us in connection with your purchase is accurate.
Intellectual Property
2.8 Save otherwise stated, all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights in the Content, the Website and/or the Services are owned, licensed to or controlled by LG & D (the “Intellectual Property”). LG & D reserves the right to enforce its Intellectual Property to the fullest extent of the law.
2.9 No part or parts of the Content, the Website and/or the Services may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without LG & D’s prior written permission or that of the relevant copyright owners. Permission will only be granted to you to view the Content for personal and non-commercial uses, provided that you do not modify the Content and that LG & D or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content. Refer to clause 2.3 for the permitted personal, non-commercial use.
2.10 You agree that in the event that any Intellectual Property is created, maintained, kept in your possession without LG & D’s written consent, used, exploited by you or any third party through your consent or assistance, or disclosed by you to any third party whether directly or indirectly, for any purpose other than the purpose other than the purpose expressly consented to by us in writing, you shall be liable to pay to us:
2.11 In the event that LG & D consents in writing to the use, disclosure or exploitation of the Intellectual Property by you, such consent shall be equivalent to a grant by LG & D to you of a non-exclusive license to use the Intellectual Property in accordance with and limited to the purposes stated in the written consent.
Third Party Vendors
2.12 You acknowledge that parties other than LG & D (“Third Party Vendors”) may list and sell products and services on the Website. Products and services listed for sale by Third Party Vendors will be indicated as such. If you purchase products(s) sold by Third Party Vendors, each agreement entered into for the sale and purchase of a Third Party Vendor’s product(s) shall be an agreement entered into directly between you and the Third Party Vendor only and LG & D shall not be responsible for any loss, damages or expenses incurred by you (including any loss of profits or loss of data) which you may have suffered as a result of your purchase of products from Third Party Vendors.
2.13 We do not have control over Third Party Vendor websites and shall not be liable for the accuracy and functionality of such websites, and the contents, products and services provided therein.
Data Privacy
2.14 If you provide personal data and other information to LG & D by participating in and/or through the Website or the Services, your attention is drawn to the Privacy Policy at the Website.
Disclaimer and Limitation of Liability
2.15 The provisions in this clause should be read together with and are without prejudice to the Warranty Disclaimer and Further Limitation of Liability provisions at clause 2.32 and clause 2.33 herein.
2.16 You should ensure that you have appropriate internet security arrangements in place when accessing the Website and/or the Services.
2.17 The Website and/or the Services contain information which are made available “as in” and there are no responsibilities or warranties (express or implied) as to the accuracy, quality or fitness for any particular purpose of the Website and the Services or the Content provided therein.
2.18 The Website and/or the Services may contain third party content, which is provided “as is”, without representation or warranty of any kind. LG & D does not warrant the accuracy, timeliness, completeness, adequacy, truthfulness or fitness for any particular purpose of any third party content, and LG & D shall not be liable to any party with respect to any actual or alleged inaccuracy, untimeliness, incompleteness, inadequacy, untruthfulness or unfitness. Furthermore, whilst LG & D will exercise a reasonable degree of care and skill to review third party content uploaded to the Website, LG & D shall not be liable for any breach of intellectual property or other proprietary right asserted by a party who is not the third party content provider. If you are concerned about a potential breach of your intellectual property rights, please let us know by email to empower@lgd.com.sg
2.19 LG & D shall not be responsible for the privacy policies and practices of other sites even if you access them using links from the Website and we recommend that you check the privacy policy of each site you visit and contact its owner or operator if you have any concerns or questions. A link from the Website to an external website is not an endorsement or recommendation by LG & D.
2.20 If you have accessed the Website through a link from a third party site, LG & D shall not be responsible for the privacy policies and practices of the owners or operators of that third party site. We recommend that you check the privacy policy of that third party site and contact its owner or operator if you have any questions or concerns.
2.21 To the extent permitted by law, LG & D shall not be liable under any circumstances for any loss or damage of any kind including, without limitation, any direct special, indirect or consequential loss or damage, arising out of or in connection with the access or use of the Website and/or the Services, from any reliance that may be placed by any person on any information of whatever nature which may be made available to that person as a result of using the Website and/or the Services, or from the violation of any of the provisions of these Terms by any users.
No Recording
2.22 In your engagements with LG & D including your participation in the Services conducted by LG & D, you agree that:
2.23 You acknowledge that the Prohibited Content are LG & D’s proprietary products which are of significant commercial value and importance to LG & D and have been provided to you by LG & D in confidence solely for the purpose authorised by LG & D and that the Prohibited Content are provided to you by LG & D in good faith.
Miscellaneous
2.24 All notices or other communications given to you if:
2.25 You may only give notice to LG & D in writing sent to LG & D’s registered address at 229 Mountbatten Road #01-01 Mountbatten Square Singapore 398007 or e-mail address at empower@lgd.com.sg, and LG & D shall be deemed to have received such notice only upon receipt. LG & D shall endeavour to respond promptly to notices from you but cannot guarantee that we will always respond with consistent speed.
2.26 Notwithstanding Clauses 2.24 and 2.25 above, LG & D may from time to time designate other reasonable modes of giving notices (including but not limited to e-mail or other forms of electronic communication such as short messaging service, WhatsApp or Telegram) and the time or event by which such notice shall be deemed given.
2.27 You acknowledge that LG & D’s failure to exercise any right, power or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or particular exercise of the same prelude any further exercise thereof or the exercise of any other right, power or remedy. Without limitation to the generality of the foregoing, no waiver by LG & D of any breach of any provision under the Terms shall be deemed to be a waiver of any subsequent breach of that or any other provision.
2.28 No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by LG & D shall not constitute a waiver by LG & D of the right to pursue any other available remedies.
2.29 You shall indemnify LG & D and keep LG & D fully and effectively indemnified on demand against any loss of or damage (including without limitation loss of profits or contracts or other direct or indirect loss) arising out of or in connection with the breach of the Terms, or any negligent act or omission by you, your employees, agents or representatives howsoever caused.
2.30 You acknowledge and agree that any actual or threatened breach of these Terms by you or your employees, agents or representatives or otherwise will result in irreparable injury and harm to LG & D for which remedies at law would be inadequate. Accordingly, you further acknowledge and agree that, in addition to any other rights and remedies otherwise available to LG & D whether in law or equity, LG & D shall be entitled to any and all injunctive or other immediate equitable relief in the event of any such breach or perceived breach by any court of appropriate jurisdiction.
2.31 You undertake and agree that you shall pay or reimburse LG & D immediately on demand all costs and expenses incurred by LG & D in enforcing any of LG & D’s rights under or in connection with these Terms, including without limitation legal costs on a solicitor and client basis.
Warranty Disclaimer
2.32 Other than as expressly stated in the terms or as required by law, the Services are provided as “as is” and LG & D does not make any specific commitments or warranties about the Services. For example, we do not make any warranties about:
Further Limitation of Liability
2.33 Except as required by applicable law, LG & D, our related parties, affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data (whether or not these are direct or indirect losses); or any indirect or consequential loss; punitive damages caused by:
2.34 The above limitation of liability provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
2.35 Subject to clause 2.36, to the extent permitted by applicable law, LG & D’s total liability for any claims arising from or relating to the Services is limited to the value of purchase price and/or service fee paid by you to LG & D for access to and/or use of the Services.
2.36 Clause 2.35 shall not apply to business consulting services that are purchased through separate agreements or contracts executed with LG & D. Users shall refer to such agreements or contracts with LG & D for LG & D’s liability relating to business consulting services.
Force Majeure
2.37 LG & D shall not be liable to you in connection with any delay or failure on our part to perform any of our obligations hereunder where such performance of our obligations or attempts to cure any breach is delayed, hindered or prevented by reason or result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), pandemic, epidemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or telephone service or any other cause beyond the reasonable control of the Party (singularly, “Force Majeure Event” and collectively, “Force Majeure Events”).
Governing Jurisdiction
2.38 These Terms shall be governed by and construed in accordance with Singapore law. Any dispute arising out of the use or inability to use the Website and/or the Services shall be subject to the non-exclusive jurisdiction of the Singapore courts.
3 OTHER TERMS AND CONDITIONS (LG & D TRAINING COURSES)
3.1 The following terms form part of the Terms and shall, in addition to the contents of any agreement in writing signed or agreed by you, apply to govern the contractual relationship between you and LG & D when you purchase any of the training courses conducted by LG & D.
3.2 LG & D and/or its appointed trainers or representatives (the “Trainer”) will provide training and/or coaching to you (the “Trainee”) on the subjects or topics chosen by you during training sessions attended by the Trainee (the “Training Sessions”). You accept such training from the Trainer subject to the terms and conditions herein.
3.3 The Training Sessions provided by the Trainer is in consideration of and subject to the Trainee’s unconditional and irrevocable acceptance and continued compliance of the terms and conditions herein.
Training Materials
3.4 For the purpose of this Agreement, the term “Training Materials” shall mean such information directly or indirectly disclosed or applied in the course of or as a follow up on the Training Sessions, by or on behalf of the Trainer to the Trainee, or accessed or attained as a result of or in relation to the Training Sessions and all materials in any form whatsoever, furnished or created by the Trainer pursuant to, as part of or accompanying the Training Sessions and the Trainer’s performance during the Training Sessions and shall include all ideas and concepts behind and inherent in the Training Sessions including but not limited to, audio-visual presentations, oral presentations, coaching sessions, diagrams, illustrations, charts, power-point slides, checklists, templates, whether in writing or otherwise.
3.5 The Trainee acknowledges that the ownership of all Training Materials and any part thereof and in any information, materials or assets supplied by the Trainer to the Trainee in any form, medium or tangible manifestation (including the Training Sessions) are and will remain at all times vested in the Trainer.
3.6 For the avoidance of doubt, neither the Trainee’s purchase of the training courses offered by the Trainer nor the Terms grant any license of Intellectual Property Rights (as defined below) from the Trainer to the Trainee whether directly or indirectly by the Trainer’s participation in the Training Sessions or by the Trainer’s use or disclosure of Training Materials or part thereof to the Trainee.
3.7 The Trainee agrees and hereby unconditionally and irrevocably undertakes that the Trainee shall use the Training Materials disclosed by the Trainer to the Trainee solely and only for the purpose of the Training Sessions and for no other purpose.
3.8 The Training Materials are provided to the Trainee alone (and not any other party howsoever related to the Trainee) and for the purposes of the training only and;
3.9 The Trainer assumes no responsibility for or make any representations, endorsements, or warranties whatsoever in relation to the timeliness, accuracy and completeness of the Training Materials or any services, content, information and/or data contained in any materials provided by us, any content providers or third parties. The Trainer accepts no responsibility for losses that may arise from your reliance upon the Training Materials.
3.10 Nothing in the Training Materials constitutes:
3.11 By downloading, using or collecting the Training Materials from the Trainer, enrolling in or attending at the Training Sessions, you agree that the Trainer, its employees, agents, officers, contractors and representatives are not and shall not be liable to you for any claims, liabilities, or expenses in any way arising out of or relating to the Training Materials or the Training Sessions. In no event shall the Trainer be liable for:
3.12 Save where otherwise expressly provided in writing, the Trainer makes no warranties or guarantees with respect to the accuracy and completeness of the Training Materials nor their suitability for and applicability to your personal circumstances.
Intellectual Property Rights
3.13 The term “Intellectual Property Rights” shall mean all intellectual property rights and interests including without limitation:
3.14 The Trainee agrees that the Trainer owns and shall own all Intellectual Property Rights in the Training Materials.
Prohibition on Use
3.15 Except as otherwise provided in writing between LG & D and you, the Trainee acknowledges and agrees that the Trainee shall not, in respect of the Training Materials or any part thereof, do any of the following:
Confidentiality
3.16 The Trainee undertakes with the Trainer that the Trainee shall:
3.17 The Trainee further undertakes that he shall not, and shall procure that his employees, agents or representatives or otherwise shall not, without the Trainer’s prior written consent, disclose, divulge, impart or reveal to any person or company the Training Materials, whether in whole or in part, and shall not use or attempt to use any Training Materials in any manner which may injure or cause loss either to the Trainer or the Trainer’s business or may be likely to do so.
3.18 The Trainee further acknowledges and agrees that shall not disclose any Training Materials to any person, except if written consent of the Trainer has been obtained prior to such disclosure.
3.19 In the event of breach of the Terms by the Trainee, the Trainee hereby unconditionally and irrevocably undertakes that:
3.20 The Trainee’s obligations under this Section on Confidentiality shall extend to procuring the compliance of any employee, agent or representative of the Trainee who was in receipt of Training Materials.
Refund Policy
3.21 Subject to the Terms, LG & D’s refund policy is set out as follows for training courses: You shall be entitled to a full refund of fees paid by you provided that you give at least seven (7) days’ notice prior to the date of the course.
3.22 In the event of over-subscription of a training course, participants who did not manage to secure participation in the course shall have their course fees fully refunded. Subject to availability, participants may request in writing to LG & D to be transferred to the next available course.
Cancellation and Non-Attendance Policy
3.23 Upon successful registration of a course, you are deemed to have accepted all of the terms and conditions contained in these Terms. Once your registration is successful, a confirmation email will be sent to you via the contact details provided by you. If you choose not to participate in, attend at or access the Services, you shall not be entitled to any refund.
3.24 You acknowledge that LG & D reserves the right to cancel or make any amendments (date and/or time) to any of the courses and programmes. In the event of any cancellation by LG & D, participants will be entitled to full refund.
3.25 In the event that LG & D (for any reason whatsoever) is unable to conduct any of the courses as scheduled, LG & D reserves the right to reschedule the same to an alternative date.
LG & D Services Pte Ltd
1 August 2021
For data protection matters, contact Data Protection Officer at the above.