Terms of Use
1. GENERAL TERMS
a. THIS AGREEMENT BINDS YOU OR THE COMPANY YOU REPRESENT ("YOU," OR "YOUR") TO THE TERMS AND CONDITIONS SET FORTH HEREIN IN CONNECTION WITH YOUR USE OF LOOP, ("OUR", "WE", "COMPANY" “LOOP.asia” OR "LOOP") SOFTWARE, MOBILE APPLICATIONS, SERVICES OR OTHER OFFERINGS ON OUR SITE (COLLECTIVELY, OUR "PRODUCTS"). BY USING ANY OF THE COMPANY PRODUCTS OR CLICKING ON THE "SIGNUP" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND DO NOT USE THE COMPANY PRODUCTS. COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
b. You understand that LOOP can change the general terms of service, separate Learner and Producer terms, and/or the privacy policy by posting changes to this website. Your ongoing use of LOOP indicates that you accept any changes to these terms. Your continued use of Products after change become effective shall mean that You accept those changes. You should visit the Site regularly to ensure You are aware of the latest version of the Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and the Company that arose prior to the date of such revision.
c. Any personal information submitted in connection with your use of the Products or the Site is subject to Our Privacy Policy, located at www.loop.asia/pages/privacy_policy/ which is hereby incorporated by reference into these Terms.
2. REGISTRATION
a. To use certain Products, You will need to register and obtain an account, username and password. When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorized access to Your Account.
b. You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.
3. COPYRIGHT COMPLAINTS
LOOP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please take an image of the course on the relevant course page and email us at info@loop.asia
4. YOUR OBLIGATIONS
a. A valid email address must be provided to join LOOP so that LOOP can send you emails relating to your account information.
b. You must be logged into LOOP and enter your password to change your account information and payment preferences. You may check your account status and recent earning history at any time via the “ACCOUNT” tab on the left sidebar. You are responsible for keeping your password and other account information confidential. LOOP is entitled to act on instructions received under your password and is not responsible for any credits or debits made to your account by someone else who uses your password
c. If you are less than 18 years old, you may not use LOOP. By registering for LOOP, you are indicating that you have the capacity to understand these Terms of Service. LOOP will not be held liable for any loss or damage for non-compliance.
d. You agree not to copy, record, edit or alter or otherwise interfere with the courses provided by the Producer. This shall include without limitation: a) not using recording equipment to record during playback of the courses; b) not overlaying the courses with other audio, video or images or distorting the quality of the training programmes; and c) not removing, editing or otherwise interfering with (or attempting to remove, edit or otherwise interfere with) any names, marks, logos or branding on the courses.
e. You agree not to use the Programme for any illegal or fraudulent activities. You will not post any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory or libelous content
f. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Products, as Well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
g. If You elect to access or use Products that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize the Company to charge Your credit card on a regular basis to pay the fees as they are due.
h. If Your payment method fails or Your account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block Your access to any Products pending resolution of any amounts due by You to Company.
i. All of Your use, access and other activities relating to the Site and the Products must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. In connection with Your use of the Products and Site, You must not provide incorrect or knowingly false information; copy, distribute, modify, reverse engineer, deface, tarnish, mutilate, hack, or interfere with the Products or operation of the Site; frame or embed the Site or Products; impersonate another person or gain unauthorized access to another person's Account; introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Products or operation of the Site; scrape, spider, use a robot or other automated means of any kind to access the Products.
j. You may not use the courses for any purpose other than for the purpose for which it has been provided and you agree not to use the courses for illegal or inappropriate purposes. In particular, you agree that you will not use the courses to do any of the following: a) convey any false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature; b) carry out any commercial business, send any unsolicited commercial emails, advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters; or c) falsify the origin or source of any content or other material.
k. Your right to access and use the courses may not be assigned, transferred or sublicensed by you.
l. Any courses provided at no cost as part of a promotional program or the sales process may be removed or substituted at will.
m. LOOP reserves the right to refuse the service to any user.
5. USE OF REPORTS
a. Reports and advice given by ACP or by the web application/software will be solely for the Your‘s use and benefit and only for the purpose of the engagement to which these Terms of Business related.
b. No liability is accepted by ACP to any third party for its reports or advice, whether disclosure is permitted in the manner set out in these Standard Terms of Business
c. You undertakes not to disclose the report or its contents in whole or in part, whether written or verbal, to any third party without the express written permission of ACP.
d. Even where such permission is given, ACP cannot accept any liability for the contents of its report to any third party and will require the intended recipient to expressly agree not to disclose the report, or any part thereof, to anyone else and warn him that he should not himself place any reliance on the report but seek his own independent advice.
e. You acknowledges that no reliance will be placed on draft reports, conclusions or advice, whether oral or written issued by ACP, as they may be subject to further work, revision or investigation that may render such drafts substantially different from any final report or advice issued.
6. RESPONSIBILITY FOR INFORMATION PROVIDED AND DOCUMENTS
ACP may ask the Client for confirmation of information or additional information relating to any document which the Client requests ACP to review or approve. ACP assume no responsibility and make no representation with respect to the accuracy or completeness of any information or material provided by the Client or on the Client’s behalf. The Client shall accept full responsibility for the preparation and contents of the document.
7. FAIR USE OF BANDWIDTH AND DATA STORAGE
a. Client use of bandwidth and disk storage is unlimited if:
b. Use is integral to use of the hosted service, i.e. you are using it as it was intended to be used. For example for a Learning Management System (LMS), it is being used for learning and not some other purpose.
c. Use does not include excessive bandwidth or data storage. We define “excessive” as well above the average bandwidth and/or data storage used by other ACP client partners. This would include a sudden change from what one site has used over time to a higher level out-of-step.
d. Use impacts ACP’s ability to provide other users with hosting services. An example would where say a very large amount of data is loaded at one time.
8. FAIR USE OF STREAMING MEDIA
a. ACP’s hosted services are predominantly designed to provide asynchronous content. Whilst it is possible to load streaming media into the applications and the applications will stream them to users, if a significant amount of streaming media is required, ACP requests that our client partners use a dedicated streaming service such as YouTube or Vimeo which are specifically designed to serve this kind of content.
b. This Fair Use Policy requires our client partners to follow this request if any significant streaming media needs to be used.
9. TAXES
a. Singapore - In the event that the sale or delivery of a Course or any Submitted Content to any Learner in the Singapore is subject to any Good & Services Tax ("GST"), under applicable law, LOOP will collect and remit the GST to the tax authorities for sales of such Courses or Submitted Content to Learners in the Singapore. The company may at its own discretion increase the Sale Price where LOOP is of the view that GST may be due and the company will have a liability to account for such. You will indemnify and hold LOOP harmless against any and all claims by any tax authority for any underpayment of GST, and any penalties and/or interest thereon.
b. All other countries - For sales of any of Courses or Submitted Content in countries other than the Singapore, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in your own location). LOOP is unable to provide you with tax advice and You should consult your own tax advisor. If You must pay any applicable taxes, and any applicable third-party fee (including, for example credit card fees, foreign exchange fees), If you are required to withhold sales, transaction, VAT, GST, or similar tax from any payment to ACP under this Agreement, you will be entitled to withhold or deduct such tax from the gross amount to be paid. However, you will "gross up" the payments so that LOOP receives the amount actually quoted and invoiced. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses
10. TRADEMARKS.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to Singapore and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
11. WARRANTY DISCLAIMER
THE PRODUCTS, PORTAL, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, AND ANY OTHER MATERIALS MADE AVAILABLE ON OR THROUGH THE SITE OR THE PRODUCTS ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES OF ANY KIND AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, FREEDOM FROM ERRORS, SUITABILITY OF CONTENT, OR AVAILABILITY.
12. INDEMNIFICATION.
You hereby indemnify, defend and hold harmless the LOOP, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this clause, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
13. OTHER TERMS
These terms shall be governed in all respects by the laws of Republic of Singapore, and any disputes arising hereunder shall be submitted to courts in Republic of Singapore and you agree to and consent to the exclusive jurisdiction of such courts. If any of these terms are deemed invalid, then the remaining terms shall still be enforced. LOOP is not responsible for any delay or failure in performance resulting directly or indirectly from causes beyond LOOP’s reasonable control. Official correspondence must be sent via email to: info@loop.asia. If you are not a resident of the Republic of Singapore, then you agree to follow all applicable laws regarding the transmission of data from the Republic of Singapore and the country in which you live.
14. ELECTRONIC NOTICES.
By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system's breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Company at info@loop.asia.
15. MISCELLANEOUS.
a. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
b. Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
c. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
d. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
e. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Last Review and Update 18/08/2019