Terms of Use

ASIA PACIFIC SALES & MARKETING ACADEMY TERMS & CONDITIONS

IMPORTANT: Please read carefully these Terms & Conditions regarding your use of the Asia Pacific Sales & Marketing Academy before signing up and/or signing an Order Form and/or ticking the acceptance checkbox below, if you agree to these terms.

This Access Agreement (the “Agreement”) for the use of Asia Pacific Sales & Marketing Academy is between:-

Service Provider: Asia Pacific Sales & Marketing Academy Ltd
8 Marina Boulevard, Marina Bay Financial Centre Tower 1, Level 11, Singapore 018981

Customer: You, the corporate client &/or as the student & signed up to use Asia Pacific Sales & Marketing Academy.

When signing up you have “accepted,” and you agree to be bound by the Terms and Conditions of Asia Pacific Sales & Marketing Academy which will form a legal contract between you and us. You can only access the service we provide if you agree to these Terms and Conditions. You agree to any updates and/ or Upgrades of the service that will be part of these terms and conditions.

You understand that Your right to use the Service is dependent upon Your payment of all applicable fees when and if due, and that if you do not pay such fees when they are due, We may terminate your access to the Service with or without notice and You will be unable to keep using the Service.
You agree that as part of the installation and registration process for the Service, You will provide to Us certain personal data from which individuals may be identified, including, by way of example, the names, email addresses, FIN No, NRIC No, or passport No. of contact persons so that we can contact You regarding Your use of the Service, and in particular, in relation to renewing Your access to the Service is needed. We are committed to protecting such personal data in accordance with all relevant legislation. By accepting these terms and conditions, You indicate Your consent to our use of Your personal data as set out above.

The terms governing the supply by You and use by us of Personal Data are set out in our privacy policy and You agree to be bound by the terms set out in our privacy policy. Our Privacy Policy will be deemed to be part of these Terms.

OWNERSHIP RIGHTS:
All rights, title and interest in and to the Service, all components thereof and material therein, any Updates and Upgrades thereof, and any and all copies of the same, are owned exclusively by Asia Pacific Sales & Marketing Academy together with all intellectual property rights in all of the foregoing (including but not limited to the copyright, trademarks, database rights, designs, and design rights, patents, inventions, know-how, trade secrets, and all other similar rights arising under the laws of any jurisdiction, whether registered or unregistered and including any applications to register the same). Except as expressly provided by this Agreement, You do not have and are not granted any right, title, or interest in or to the Service.

ACCESSING ASIA PACIFIC SALES & MARKETING ACADEMY
You acknowledge that You and the permitted user will only be able to access Asia Pacific Sales & Marketing Academy. You must not:
• systematically make printed or electronic copies of the content and/or materials of the service for any purpose in either print or electronic format;
• remove or alter the copyright notices or other means of identification or disclaimers as they appear on the website;
• display or distribute any part of the service on any electronic network, including without limitation the Internet and the World Wide Web, where access is possible by anyone not a permitted user
• permit anyone other than you to access or use the service including any content and material making up the service; and/or
• use the service or any part of the service for any commercial use.
Subject to earlier termination pursuant to these Terms, Your access to Asia Pacific Sales & Marketing Academy will cease when due to unseen circumstances and/or the Subscription Period for the service expires (if applicable).

YOUR OBLIGATIONS
You agree not to make available Your username and/or password to anyone. If there has been a disclosure of Your username and/or password, You agree to notify us promptly of such disclosure, so that we can take appropriate security measures.

You undertake not to upload any User Materials onto Asia Pacific Sales & Marketing Academy or send and/or transmit to other Authorised Users, any content which is illegal, obscene, threatening, defamatory, discriminatory, promote illegal or unlawful activity, or be otherwise actionable or in violation of any rules, Intellectual Property Rights, regulations or laws to which such content is subject.

If we suspect that a breach of the above has occurred or is likely to occur, we may, without giving notice and liability to you, remove your user materials and/or suspend your access to Asia Pacific Sales & Marketing Academy and/or the service.

You agree that You will promptly notify us of any errors or inaccuracies which relate to the service. In this regard, please contact us using the “contact us” page at https://business.apacsma.com/contact-us/. You must not spam, download or upload excessive volume of content onto Asia Pacific Sales & Marketing Academy such that it may impair the performance of Asia Pacific Sales & Marketing Academy. You must not introduce any malicious codes or harmful elements e.g. virus and Trojans onto Asia Pacific Sales & Marketing Academy.

Unless otherwise agreed in writing by us, You are solely responsible for configuring Your computer devices in order to access Asia Pacific Sales & Marketing Academy and the Product and to provide for Your own virus protection software.

OUR OBLIGATIONS
We will use all reasonable endeavors to ensure that the service and User Materials are accessible on Asia Pacific Sales & Marketing Academy;
provide you with usernames and passwords.

TERMINATION
This Agreement shall commence on the Start Date in the invoice to You for the Service and shall continue for the Term as described above. You may terminate this Agreement at any time by giving us notice in writing or by email. Unless We are in breach of Our obligations to You, You will not be entitled to any refund if applicable of the fees paid by You (unless it is within the 2 days of purchase and with no logins attempts more than 0% progress). At the termination of the agreement (if you decide to discontinue to wanting access to Asia Pacific Sales & Marketing Academy) or due to circumstances leading to Asia Pacific Sales & Marketing Academy closing, this Agreement will automatically terminate and Your access to the Service and that of all Your Permitted Users will be automatically disabled.

WITHDRAWAL OF PRODUCTS
We reserve the right at any time to withdraw the service including any components within the service (e.g. an activity) for any reason including:
• if we no longer retain the right to publish such material; or
• if in our sole discretion, we believe that such material may infringe the Intellectual Property Rights of third parties or is defamatory, obscene, unlawful, or otherwise objectionable.

In the circumstances above, we shall notify the Organisation of such withdrawal as soon as reasonably practicable.

On receipt of the notice referred to the above, you and permitted users agree to immediately cease all use of the withdrawn material and shall comply with our instructions with respect to the deletion and/or removal of such withdrawn material.

WARRANTIES
Subject to the other provisions in these Terms and to our right to carry out scheduled maintenance, during the period when You have access to Asia Pacific Sales & Marketing Academy, we warrant to the Organisation that we will use reasonable endeavors to ensure that Asia Pacific Sales & Marketing Academy is available to you.

We do not warrant that the use of Asia Pacific Sales & Marketing Academy and/or the service will be uninterrupted or error-free. We may also carry out scheduled maintenance from time to time.

The Organisation accepts responsibility for the selection of Asia Pacific Sales & Marketing Academy and the service to achieve its intended results. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or another term concerning the supply of the Asia Pacific Sales & Marketing Academy, the service and the Software which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT ASIA PACIFIC SALES & MARKETING ACADEMY WILL NOT BE LIABLE TO YOU FOR ANY FAILURE BY YOUR PERMITTED USERS TO IMPROVE IN SALES AND MARKETING, TO PASS ANY TESTS OR EXAMS, AT SCHOOL OR EXTERNAL OR PERFORMANCE AT WORK, NOR FOR ANY LOSSES OR DAMAGE WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR OR YOUR PERMITTED USER(S)’ USE OF THE SERVICE (INCLUDING LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU OR YOUR PERMITTED USER(S) USING THE SERVICE OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS. IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT ASIA PACIFIC SALES & MARKETING ACADEMY WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR OR YOUR PERMITTED USER(S)’ USE OF OR INABILITY TO USE THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASIA PACIFIC SALES & MARKETING ACADEMY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND (EXCEPT FOR PERSONAL INJURY OR DEATH RESULTING FROM ASIA PACIFIC SALES & MARKETING ACADEMY’S NEGLIGENCE OR FOR LOSSES RESULTING FROM FRAUD, ASIA PACIFIC SALES & MARKETING ACADEMY’S LIABILITY FOR WHICH SHALL NOT BE LIMITED) ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICE OR FROM ERRORS, DEFICIENCIES OR FAULTS THEREIN, WHETHER SUCH LOSS OR DAMAGE IS CAUSED BY NEGLIGENCE OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, ASIA PACIFIC SALES & MARKETING ACADEMY AND ITS LICENSORS SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES, EVEN IF ASIA PACIFIC SALES & MARKETING ACADEMY OR ITS LICENSORS ARE ADVISED OF OR AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ASIA PACIFIC SALES & MARKETING ACADEMY ’S AND ITS LICENSORS’ AGGREGATE LIABILITY EXCEED THE PURCHASE PRICE OF THE SERVICE.

Notwithstanding anything contained in this Agreement Asia Pacific Sales & Marketing Academy shall not be liable for failure or delay in performing any of our obligations because of any cause beyond Our reasonable control (including but not limited to (a) decision of any court or other judicial body of competent jurisdiction, (b) unavailability of equipment, power or other commodities, (c) failure or non-availability of Internet or telecommunications facilities, computer hardware or Service, (d) act of God, war, riot, terrorist attack, civil commotion, malicious damage, fires, flood or storm (e) strikes or other industrial disputes (whether involving Our workforce or that of any other party) or (f) acts of government or other prevailing authorities or default of suppliers, subcontractors or other third parties).

GOVERNING LAW AND JURISDICTION
These Terms and any disputes or claims arising out of or in connection with its subject matter are governed by and construed in accordance with the law of Singapore. The parties irrevocably agree that the courts of Singapore have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms and/or Your use of Asia Pacific Sales & Marketing Academy and the Software.

Notwithstanding the above, nothing in these Terms shall limit the right of us to take proceedings against You in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdiction preclude the taking of proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

We reserve the right to vary or amend these terms and conditions at any time.

It is not intended by You or by Us that anyone other than You and Us as the parties to this Agreement is entitled to obtain any benefit under this Agreement or to enforce any of its terms and the Contracts (Rights of Third Parties) Act 1999 is hereby expressly excluded. Any notices required to be given in writing to Asia Pacific Sales & Marketing Academy or any questions concerning this Agreement should be addressed to legal@apacsma.com.

Copyright © 2020 Asia Pacific Sales & Marketing Academy™. All rights reserved by Asia Pacific Sales & Marketing Academy. Asia Pacific Sales & Marketing Academy® logo is a registered trademark of Asia Pacific Sales & Marketing Academy in Singapore.