TERMS OF SERVICE
TERMS
Please read the following terms and conditions carefully before registering and / or purchasing any program(s) which is owned and operated by ACCEL SCALING PTE. LTD. (Singapore UEN No. 202133550M) (“ACCEL SCALING”) (“the Program”) (“the Terms and Conditions”). M/S ACCEL SCALING PTE. LTD. (“ACCEL SCALING”) acts as the payment agent on behalf of ACCEL SCALING. And all Program fulfilments are by ACCEL SCALING. By accepting these Terms and Conditions, either by making the full payment of the Program fees or making a deposit payment (“the Deposit”), that references and/or incorporates these Terms and Conditions, you confirm that you agree to be bound by the following Terms and Conditions: -
A. THE PROGRAM
01. The Program is provided by ACCEL SCALING, a company incorporated in the Republic of Singapore with a registered office at 100D Pasir Panjang Road, #01-02 Meissa, Singapore 118520
02. We will endeavor to provide the Program with reasonable care and skill in accordance with the description as advertised by ACCEL SCALING. We may appoint independent sub-contractors to assist in providing the Program, or use third parties to arrange or supply certain aspects of, or services in connection with the Program. You agree that our obligation to you is to use reasonable care in selecting competent, independent sub-contractors, and third party suppliers to provide reasonable services related to the Program. You agree that ACCEL SCALING is not responsible for the actions or omissions of such sub-contractors or third party suppliers.
03. We reserve the right to vary or withdraw any component(s) of the Program as advertised by ACCEL SCALING without notice.
04. We do not make any guarantee to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and completion of the Program.
B. PURCHASING THE PROGRAM
05. When you purchase the Program, you are offering to purchase the Program on these Terms and Conditions, and agreeing to ACCEL SCALING’s Non-Disclosure Agreement
06. A legally binding agreement shall come into existence after the following: -
(1) ACCEL SCALING has accepted your offer to purchase the Program by sending you an email confirming the purchase; and
(2) ACCEL SCALING has received from you (or on your behalf) either: -
(a) full payment for the Program fees; or
(b) the deposit for the Program fees.
07. When you purchase multiple Programs, each Program shall be treated by ACCEL SCALING as a separate offer to purchase. Acceptance of your offer to purchase one or more of the Program will not be accepted by us of your offer to purchase any other Program which makes up your order.
8. We reserve the right, in our absolute discretion and without the need to give a reason, to refuse an offer to purchase one or more Programs. In such circumstances, no contract will arise and we will return any payment and / or deposit accompanying your purchase offer.
9. Except for the 7-day cooling period from the date of your payment made in accordance with the payment receipt, The Program is not subject to any cancelation, variation of the Program, and any other cancelation and / or variation of the Program dates will be at the entire discretion of ACCEL SCALING.
C. DISCLAIMER AND LIABILITY
10. No part of the provision of the Program shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice. Whilst ACCEL SCALING aims to provide the Program to the highest standards including but not limited to aiming to utilize the Program for your advantage, ACCEL SCALING does not accept any liability nor responsibility for: - (a) any inaccuracy or misleading information provided in the Program or Program Material(s), and any reliance by you on any such information; (b) any loss or corruption of data; (c) any loss of profit, revenue, or goodwill; (d) any direct or indirect, special or consequential loss arising out of and / or in connection from any breach of these terms and conditions herein.
11. While ACCEL SCALING endeavors to use reasonable efforts to ensure accuracy in the information presented during the Program, ACCEL SCALING hereby disclaims all warranties and representations (express or implied), to the fullest extent permissible under the law, as to the accuracy, availability, completeness, timeliness, veracity and any other aspects of the information contained in the Program. ACCEL SCALING assumes no responsibility for any content in the Program, which are provided on an “as is” and “as available” basis, and may contain inaccuracies and / or typographical errors.
12. The Program Material(s) are and should be taken as prepared for the Program and none was prepared with regard to the specific investment process and / or objectives, financial situation or particular needs of any particular person (including you) who may receive or have access to the same. Any recommendation or advice that may be expressed in or inferred from the Program Material(s), ACCEL SCALING’s website, seminar and / or event therefore does not, should not be taken as taking into account, and may not be suitable for, your investment objectives, financial situation and particular needs, and bearing in mind the possibility of market volatility and changes, may not even comprise current information, content, recommendation or advice.
13. You acknowledge that the Program is subject to risks, and confirm that you have an appropriate understanding of the risk and uncertainties associated with the Program, and that ACCEL SCALING does not guarantee any form of success, and past performance / success is not indicative of future performance. ACCEL SCALING’s relationship with you in relation to the Program is purely transactional / commercial. In either case, while you are entitled to expect ACCEL SCALING or ACCEL SCALING’s employees or representatives to answer your queries, the obligation in so answering is only to be honest. ACCEL SCALING accepts no responsibility and will bear no liability to you for giving any recommendations, advice, reports, summaries, analysis, views or representations to you arising out of and / or in connection with the Program, and you agree that you do not place any reliance on such aforesaid information. You also acknowledge the desirability and importance of seeking independent tax, regulatory, legal, financial or professional advice arising out of and / or in connection with the Program. Such answers should not be assumed to be backed by any prior reasonable due diligence or research or specifically suitable for reliance by you without you first independently confirming that the answer is intended as specific advice to and is suitable for or to your specific financial needs and objectives or you verifying the same with your independent advisers on our specific suitability for your specific needs and objectives.
14. Unless otherwise agreed in writing by parties, and to the extent they are expressly set out in these terms and conditions herein, no conditions, warranties or other terms shall apply to the Program.
15. “Program Material(s)” shall mean any and all physical and/or digital materials that have been issued to you by ACCEL SCALING for the Program.
D. INTELLECTUAL PROPERTY
16. At all times, ACCEL SCALING shall remain the owner of the Intellectual Property Rights in the Program materials. You shall not: -
(1) alter, copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute without prior written permission from ACCEL SCALING;
(2) record on video or audio tape, relay by videophone or other means the Program;
(3) use the Program Material(s) in the provision of any other course or training whether given by us or any third party trainer; and
(4) modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the Program.
17. In consideration of the ACCEL SCALING’s receipt of your payment as set out in the preceding clause(s) herein, ACCEL SCALING grants you a non-exclusive, and non-transferable licence to use the Program Material(s).
18. “Intellectual Property Rights” shall include any and all copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Program and / or Program Material(s).
E. CONFIDENTIALlTY
19. Subject to ACCEL SCALING’s Non-Disclosure Agreement, each Party shall keep the other party’s Confidential Information strictly confidential, and not use it otherwise than for the purposes of these Terms and Conditions, the Program, and shall return it on demand and not retain any copies of it in any form. This Clause shall not apply to the following situations: -
(1) Where any Party is required to make any disclosure required by law or court order of any competent jurisdiction or governmental body pursuant to rules to which such Party is subject to or make any disclosure to any professional adviser for the purposes of obtaining advice; and / or
(2) Where any information is available in the public domain otherwise than by a breach of the preceding Clause herein by any Party.
20. “Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Program Material(s), but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
F. TERMINATION
21. ACCEL SCALING shall be entitled in its sole discretion to terminate these Terms and Conditions, and cease to provide you any Program and / or Program Material(s) with immediate effect in the following events: -
(1) failure to pay the due and payable Program fees promptly;
(2) intentionally or recklessly damaging our property or the property of our employees or other students attending at our premises;
(3) in breach of any of these Terms and Conditions herein; and / or
(4) orally or acting in an aggressive, bullying, offensive, threatening, or harassing manner towards any employee of ACCEL SCALING including but not limited to disparaging and / or defamatory remarks and / or behaviour that will injure the reputation of ACCEL SCALING, its affiliates, directors, employees, agents, successors or assigns.
G. WAIVERS
22. You shall release, discharge and waive any and all right(s), claim, proceeding or action that you may have against ACCEL SCALING, its affiliates, directors, shareholders, employees, agents, successors or assigns from any and all claims or liabilities for injuries or damages to your person and / or property arising out of and / or in connected with your participation with the Program, any action, omission, statement, submission or representation by ACCEL SCALING arising out of and / or in connection with the Program, and / or your breach of the terms and Conditions.
23. You shall fully and effectually indemnify and keep indemnified ACCEL SCALING, its affiliates, directors, shareholders, employees, agents, successors or assigns in respect of any and all costs and / or expenses arising out of and / or in connection with any and all liabilities, actions, proceedings, claims and demands that you have or may have against ACCEL SCALING in relation to any loss or damage suffered by or caused to you arising solely from and / or in connection with the Program, and / or your breach of the terms and Conditions.
H. CHANGES TO TERMS AND CONDITIONS
24. ACCEL SCALING reserves the right to amend any and all of these Terms and Conditions herein at any time that ACCEL SCALING deems necessary to reflect the current market and economic conditions. You shall continue to check these Terms and Conditions regularly. Your continued use of the Program shall be deemed acceptance of the updated or amended terms and conditions. If you do not agree to the updated or amended terms and conditions, you should cease using the Program.
I. GOVERNING LAW AND DISPUTE RESOLUTION
25. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, and parties agree to submit to the exclusive jurisdiction of the Republic of Singapore.
26. In the event of any dispute in relation to and / or in connection with any of the terms herein, Parties agree to first negotiate with a view of an amicable settlement. Should Parties be unable to resolve any such dispute within 30 days from the date such dispute first arises, Parties agree to submit the matter for mediation.
J. FORCE MAJEURE
27. ACCEL SCALING shall not be liable to you for any breach of its obligations or termination under these Terms and Conditions herein arising from causes that are beyond its reasonable control, including but not limited to fire, floor, earthquake, and any other Acts of God, terrorism, strikes, delay caused by transport disputes.
K. ASSIGNMENT / THIRD PARTY RIGHTS
28. The Program provided by ACCEL SCALING under these Terms and Conditions are personal to you, and cannot be transferred nor assigned to another individual. A person that has no connection to the Program shall have no rights in these Terms and Conditions.
29. ACCEL SCALING shall be entitled to transfer its rights under these Terms and Conditions to another business whereby ACCEL SCALING reasonably believes your rights will not be affected.
L. SEVERANCE
30. In the event any terms and conditions herein are deemed illegal, invalid or unenforceable then these part(s) shall be deleted while the remaining part(s) of these Terms and Conditions herein shall be deemed valid.
31. If you breach any Terms and Conditions herein, and ACCEL SCALING chooses to ignore it. ACCEL SCALING shall be entitled to enforce and / or use its rights and remedies at a later date or in any other situation whereby you have breached the Terms and Conditions.
