Thank you for visiting http://www.learn1thing.com ("this Web Site"). The following are terms of a legal agreement between you and ODE Consulting Pte. Ltd. and its related corporations and affiliated companies ("ODE Consulting"). By accessing and using this Web Site, you shall be deemed to have accepted and be legally bound by these Terms of Use and the Privacy Policy referred to below.
1. General
The access and use of this Web Site and the other products and services (collectively, the "Services") is governed by these Terms of Use and the Privacy Policy. As some of the Services are software that is downloaded to your computer or other device, you agree that ODE Consulting Pte. Ltd. ("ODE Consulting") may update such software, and that these Terms of Use will apply to such updates.
Terms of Use may change from time to time. Your continued use of any of the Services after such changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes.
2. Use of Services
2.1 Before you use any of the Services, you have to register an account with ODE Consulting as required on this Web Site. You must provide ODE Consulting with accurate, up-to-date and complete information. You are responsible for updating ODE Consulting if there are any changes to the information.
2.2 Registration is open to corporations and individuals who reside in Singapore. Individuals who are under the age of [18] are not eligible to register an account or use the Services. ODE Consulting requests that no information in relation to such persons are submitted to ODE Consulting.
2.3 You will register for only one account. You will only use this one account and will not allow any third party any access to or use your account. You are responsible for maintaining the confidentiality of your account details including but not limited to your user name and password to prevent any unauthorised usage.
2.4 ODE Consulting reserves the right to refuse your registration of an account and to terminate your account for any reason whatsoever, without assigning a reason.
3. Purchase of Services
3.1 You may purchase a Service by completing and submitting the purchase order on this Web Site. You will receive a confirmation of the receipt of the purchase order by email but such email confirmation and /or receipt of payment by ODE Consulting does not mean that the Service at the price and time specified in the purchase order is available.
3.2 ODE Consulting reserves the right to cancel, amend or reject a purchase order in whole or in part at any time and without liability or compensation, where any Service is unavailable for whatever reason.
3.3 Where payment of a purchase order has been made by you and any Service ordered is not available for whatever reason, a refund will be made by ODE Consulting to you in accordance with the prevailing refund provisions herein.
3.4 You may not vary or cancel a purchase order after it has been submitted, without the prior written consent of ODE Consulting.
4. Prices, description and payment
4.1 ODE Consulting shall take every effort to ensure that the prices, details and description of the Services set out on this Web Site are accurate. However, ODE Consulting reserves the right to vary the prices, details and description of the Services without notice.
4.2 Prices of the Services shall be based on the prevailing prices at the time ODE Consulting receives your purchase order.
4.3 Prices of all Services are stated in Singapore Dollars and are inclusive of the prevailing Singapore goods and services tax.
4.4 Payment for a purchase orders shall be made by AMEX, VISA or MASTERCARD credit cards. You are responsible for paying all fees and other applicable taxes in a timely manner.
5. Deliveries
5.1 Delivery of the Service ordered will be made within the time frames selected by you (as specified in your purchase order).
5.2 If ODE Consulting is unable, for whatever reason, to make the delivery of the Service within the time frames selected by you, ODE Consulting shall liaise with you to find a mutually agreeable time frame, failing which a refund will be made by ODE Consulting to you in accordance with the prevailing refund provisions herein.
5.3 ODE shall not be liable (a) if you fail to take delivery of the Service within the time frames selected by you (as specified in your purchase order) or subsequently agreed between you and ODE Consulting; (b) if the person who is providing the virtual coaching is unable, for whatever reason, to provide the Service within the time frames selected by you (as specified in your purchase order) or subsequently agreed between you and ODE Consulting; or (c) for any delays in the delivery as a result of failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, interception of online communication, software or hardware problems (including without limitation loss of date or compatibility problems) theft, destruction or alteration of this Web Site.
5.4 ODE Consulting will only process the purchase order and delivery after you pay in full for the Service ordered.
6. Refunds
6.1 ODE Consulting shall take all reasonable endeavors to ensure that the purchase order is correctly fulfilled. If there are any discrepancy, you must notify ODE Consulting by email at lea@odeconsulting.com by the next day.
6.2 If an incorrect Service is delivered to you, ODE Consulting will arrange a refund to you if you notify ODE Consulting within one working day of the delivery of the Service.
6.3 All refunds made by ODE Consulting shall be at the price of the Service invoiced and shall be by way of a cheque made in your favour and the cheque will be posted to you.
7. Proprietary Rights
7.1 This Website is owned and maintained by ODE Consulting.
7.2 The materials located on learn1thing.com (appearing in whatever format or media) including the information and software programs ("the Contents"), are protected by copyright, trademark and other forms of proprietary rights. All rights, title and interest in the Contents are owned by, licensed to or controlled by ODE Consulting.
7.3 "ODE" and "ODE Consulting" are the trademarks and service marks of ODE Consulting. Other names appearing on the Web Site may be the trademarks of their respective owners. You must not register or use any of these trademarks and service marks.
7.4 Your use of the Services will not give you any intellectual property rights or ownership in the Services or the Contents.
8. Privacy Policy
8.1 At ODE Consulting, your privacy is important to us.
8.2 If you are only browsing this Web Site or using the Search function, we do not capture data that allows us to identify you individually.
8.3 Please click here to read learn1thing.com Privacy Policy to learn more about ODE Consulting’s collection of information from cookies, web beacons, technologies deployed for analysis of visits to websites and any other information technology application of ODE Consulting.
8.4 If you choose to share personal data and other information with ODE Consulting, we recommend that you click here to review the learn1thing.com Privacy Policy on such data and information.
9. Restrictions on use of Content
9.1 The Services and all Contents shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of ODE Consulting.
10. Disclaimer of Warranties and Liability
10.1 The Services and all Contents are provided on an "as is" basis without warranties of any kind, whether express or implied. To the fullest extent permitted by law, ODE Consulting does not warrant and hereby disclaims any warranty: (a) as to the accuracy, correctness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Services and Contents; (b) that the Services and Contents available will be uninterrupted or error-free or secure, or that defects will be corrected or that the Services or Contents will be free of all viruses and/or other harmful elements; (c) that the results that may be obtained from the use of the Services or any Content will be accurate or reliable; or (d) the quality of any Content purchased or obtained by you on or through the Web Site will meet your expectations.
10.2 You acknowledge and agree that any access and use of the Services or such Contents is at your own risk.
10.3 ODE Consulting is not responsible for any damage to your computer system or loss of data that results from the download or use of the Services and/or Contents.
10.4 To the fullest extent permitted by law, ODE Consulting shall in no event be liable for any indirect, incidental, punitive, special or consequential damages or damages for loss of profits, revenue, data or data use suffered by you or any third party, whether arising under contract or tort (including negligence) or otherwise, arising from or in connection with (a) your access to or use of or inability to access or use the Services or any Contents provided on or through this Web Site; (b) any conduct or Content of any party other than ODE Consulting, including, without limitation, any defamatory, offensive, or illegal conduct; or (c) any unauthorised access, use, or alteration of your content or information.
10.5 In no event shall ODE Consulting's aggregate liability for all claims related to the Services exceed Singapore Dollars 1,000.00 or the total amount of fees received by ODE Consulting from you for the use of the Services during the past ONE month, whichever is lower. Where ODE Consulting's liability is excluded or limited, this also applies to the personal liability of the partners, coaches, contributors and other business partners of ODE Consulting, and their respective officers, employees, representatives, contractors and agents (the "ODE Parties") providing the Services on behalf of ODE Consulting.
10.6 You agree that allocation of risk in this paragraph 10 is reflected in the amount of fee payable by you to ODE Consulting for the Services and is also a recognition of the fact that it is not within the control of the ODE Parties how and for what purpose the Services are used by you.
10.7 You must initiate a cause of action for any claim(s) in connection with these Terms of Use, the Privacy Policy and the Services within one year from the date when you knew, or should have known after reasonable investigation, of the facts giving rise to the claim otherwise such cause of action is permanently disbarred.
11. Terminating the Services
11.1 ODE Consulting may change or suspend or stop a Service. Hence, ODE Consulting may terminate your use of any Service for any reason whatever. If you have paid for a Service that is terminated by ODE Consulting, a refund will be made to you in accordance with the prevailing refund provisions herein. None of the ODE Parties shall be liable for any such change, suspension or termination.
11.2 You may also stop using the Services at any time. ODE Consulting will not refund any fees or sums that you had paid earlier for such Services.
12. Your use
12.1 You shall not (and shall not encourage or help anyone to) use this Web Site :
a. in violation of any applicable law or any of these Terms of Use and Privacy Policy or for the commission of any improper purpose or civil wrong;
b. in a manner that is inappropriate, abusive or harmful to the interest of another user or other persons or is likely to cause annoyance, risk of physical injury or property damage to other users or persons; or
c. to tamper or interfere with, alter, modify or disrupt the Services or servers or networks connected to it, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site.
12.2 You should also not (and shall not encourage or help anyone to):
a. after you register an account with ODE Consulting for access and use of the Services, share or let anyone access your account and password;
b. attempt to access any other user’s account;
c. translate or adapt any of the Services for any purpose nor arrange or create derivative works based on any software;
d. directly or indirectly, transfer, disclose, distribute or make available (whether by licence, loan, rental, sale or otherwise) all or any part of the Services to any other person;
e. decompile, reverse engineer or disassemble any of the Services; or
f. impersonate or misrepresent your affiliation with any person or entity.
12.3 If ODE Consulting discovers or it is reported to ODE Consulting that you are in breach of any of the terms in paragraphs 12.1 and 12.2, ODE Consulting may remove or edit any of your inappropriate content or activity or suspend, disable, or terminate your access to all or any part of the Services. In addition and without prejudice to any rights and remedies ODE Consulting may have, ODE Consulting shall be entitled to forfeit, as liquidated damages, all the fees that you have paid for the Services.
13. User Content
13.1 ODE Consulting may preserve all or such part of any of your content that you share, post or submit on or through this Web Site ("User Content") as it sees fit, and may also disclose all or any part of such content to any person or organization if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use against any user of this Web Site; (c) investigate and respond to claims that any content violates the legal rights of any party; or (d) protect the legal rights, property, and/or personal safety of any party.
13.2 You are responsible for your User Content and retain all intellectual property rights in your User Content.
13.3 You grant ODE Consulting a fully-transferable, royalty-free, perpetual, sub-licensable, non-exclusive and worldwide license to use, publish copy, distribute, modify and/or reproduce your User Content and any part or parts thereof in any and all media by any manner or means whether now known or invented in the future, for whatsoever purposes including publication, publicity, and education.
13.4 ODE Consulting is entitled to remove or modify any of your User Content for any reason, including any User Content that it believes breaches any of these Terms of Use and Privacy Policy.
14. Third Party Content
14.1 You will be able to access and/or use the content provided by the coaches and/or other third parties and links to websites and services maintained by third parties if you use the Services. ODE Consulting cannot ensure that such content will not be obscene, libellous, objectionable, inappropriate or offensive or does not contain any objectionable material in imagery, texts whether directly or by implication or free of viruses and/or other elements that may harm your computer or any files therein. You agree that ODE Consulting shall not be liable for your access or use of such third party content.
15. Security
15.1 The internet is not a fully secure environment and there is some risk that an unauthorised third party may find a way to circumvent ODE Consulting’s security systems or the transmission of your data, information and User Content over the internet will be intercepted. It is your responsibility to protect the security of your login data, information and User Content. Please understand that the communications you send to us through our Web Site are not encrypted. Please notify ODE Consulting immediately of any compromise or unauthorised use of your account by emailing it at lea@odeconsulting.com
16. Cause beyond control
16.1 None of the ODE Parties will be liable if it is unable to provide any of the Services or perform any of its obligations under the Terms of Use due to any cause beyond its control. Such failure will not constitute a breach of these Terms of Use by the relevant ODE Party and the time for performance of the affected Service / obligation will be extended by such period as is reasonable.
17. Right of Access
17.1 ODE Consulting reserves all rights to deny or restrict access to this Web Site to any particular person, or to block access from a particular Internet address to this Web Site, at any time, without ascribing any reasons whatsoever.
18. Links from this Web Site to other web sites
18.1 This Web Site contains hyperlinks to web sites which are not maintained by ODE Consulting. ODE Consulting is not responsible for the contents of those web sites and shall not be liable for any damages or loss arising from access to those web sites. Use of the hyperlinks and access to such web sites are entirely at your own risk.
18.2 Hyperlinks to other web sites are provided as a convenience. In no circumstances shall ODE Consulting be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on web sites to which this Web Site is linked.
18.3 Except as set forth below, caching and links to, and the framing of the Services or any of the Contents are prohibited.
18.4 Your linking to, or framing any part of the Services or its Contents constitute acceptance of these Terms of Use and the Privacy Policy. This is deemed to be the case even after the posting of any changes or modifications to these Terms of Use or Privacy Policy. If you do not accept these Terms of Use or Privacy Policy, you must discontinue linking to, or framing of the Services or any of the Contents.
18.5 In no circumstances shall ODE Consulting be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on web sites that link to this Web Site or any of the Contents.
18.6 ODE Consulting reserves all rights to disable any links to, or frames of any site containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
18.7 ODE Consulting reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other site reached by links to or from this Web Site or any of the Contents.
19. Indemnification
19.1 You agree to indemnify and keep fully indemnified each of the ODE Parties from all actions, proceedings, claims, demands and costs (including legal costs of each of the ODE Parties on a full indemnity basis) awards and damages howsoever arising directly or indirectly as a result of or in connection with (a) your use or attempted use of any of the Services in breach of these Terms of Use; (b) your breach or non-compliance of any applicable law or your violation of the rights of any third party; (c) the content submitted or posted by you on this Web Site and to any of the ODE Parties; or (d) your infringement of any third party rights including, without limitation, any intellectual property or proprietary rights.
20. Severability
20.1 If any of the terms of the Terms of Use or Privacy Policy turns out to be invalid, illegal or unenforceable, that will not affect or impair any of the other terms of these Terms of Use and Privacy Policy.
21. Waiver
21.1 ODE Consulting’s rights under these Terms of Use may be exercised as often as necessary; are cumulative and not exclusive of its rights under the general law; and may be waived or varied only in writing and specifically. ODE Consulting’s delay in exercising or non-exercise of any such right is not a waiver of that right.
22. Rights of Third Parties
22.1 Except for the ODE Parties and you, no person has a right under the Contracts (Rights of Third Parties) Act (Chapter 53B, Singapore Statutes) to enforce or enjoy the benefit of any term of these Terms of Use and Privacy Policy.
23. Governing Law
23.1 These Terms of Use (including the Privacy Policy) shall be governed and construed in accordance with laws of the Republic of Singapore without reference to its conflicts of law provisions. You hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Singapore. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded and shall not apply to these Terms of Use.
Last updated on April 2016