Terms of Services
These Terms of Service (“Terms”) govern the contractual relationship between:
- Noviron Pte Ltd, a company incorporated under the laws of Singapore with registration number (UEN) 202107971W, having its registered office at 68 Circular Road, #02-01, 049422, Singapore (hereinafter referred to as “Noviron”, “we”, “our”, and “us”),
- each professional, participant, individual, entity, the user or visitor (collectively “you” or “your”) (i) accessing Noviron’s website located at https://www.noviron.com (hereinafter referred to as the “Website”), and/or (ii) using the Services (as defined under Section 2.1 of these Terms) via the E-Learning Platform (defined below).
You and Noviron shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the We1bsite and Services. Your access to the Website and your use of the Services (defined below) are conditioned upon your acceptance of and compliance with these Terms.
Acceptance and Modification of Terms
By accessing the Website and by using the Services (as defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (defined below), and (ii) refrain from accessing/using the Website and Services.
Your continued use of the Website and Services shall be deemed to constitute your acceptance of these Terms.
Modification of Term. Noviron reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically so as to stay abreast of any changes to the Terms. Your continued access to the Website and use of the Services following the posting of any changes to these Terms shall be subject to the newly modified Terms.
- Noviron provides you, through the Website, with:
- an online learning proprietary platform (“E-Learning Platform”) which hosts a variety of self-paced and on-demand pre-recorded video and live video training courses within the field of renewable energy (collectively the “Online Course(s)”);
- access to and remote attendance/use of both free and paid Online Courses available on the E-Learning Platform and delivered by our third-party independent specialist trainers (“Trainer(s)”) with expertise in the renewable energy field; and
- access to exclusive content, webinars, projects, market reports, research, video training, and our online community in order for you to connect with other registered users and Trainers,
(collectively the “Service(s)”).
- Noviron does not offer any guarantees with regards to the Online Courses available on the E-Learning Platform. Therefore, you hereby acknowledge and agree that:
- the Online Courses are self-taught courses;
- you shall have access to any and all Online Course(s) that you purchased on the E-Learning Platform for twelve (12) months from the date of your purchase;
- all live video training will take place at a pre-determined date and time on the E-Learning Platform, and each user who has purchased such live video training such receive a dedicated link to participate in such live video training;
- you shall be solely and exclusively responsible for the choices you make with regards to the Online Courses;
- you shall be solely and exclusively responsible for any and all decisions, actions, or inactions you may choose to take whilst accessing, using, and remotely attending the Online Courses;
- Noviron shall not be liable for any result or non-result or any consequences which may occur due to your access to and remote attendance/use of the Online Courses; and
- the Online Courses are for information and educational purposes only.
- Grant of License. Noviron grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to:
- access, use and remotely attend the Online Courses on the E-Learning Platform, and
- View the Online Course and any associated content,
for which you have paid all required Subscription Plan (as defined below) fees and solely for your internal business or personal use, non-commercial, and educational purposes.
All and any other uses of the Online Courses are strictly prohibited. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any Online Course available on the E-Learning Platform unless Noviron grants you with express written permission to do so.
- For the avoidance of doubt, you shall not (i) be granted any right to commercialize or otherwise sublicense, transfer, assign, and/or convey the Services, and (ii) permit any third party to use or copy the Services, in whole or in part, or any improvements thereto.
- You acknowledge and agree that any and all subscription payments, you make to obtain access to the Services on the Website and E-Learning Platform, are for your internal business or personal use only. As such you shall not be permitted or authorized to share such Services, for which payment has been received by Noviron from you, with any unauthorized third party. Should Noviron reasonably suspect you, in its sole discretion, of partaking in any irregular activity/abuse to access the Online Courses, we may block your use of the Services and terminate your access to the Website and E-Learning Platform in accordance with Section 14 (Suspension, Termination and Cancellation of Subscription Plan) of these Terms.
- Noviron shall not be held responsible for any content, or the level of the Online Courses, or for any service provided by the Trainer on the E-Learning Platform. As such, Noviron does not warrant or guarantee the accuracy or completeness of the Online Courses and/or any information/content provided by the Trainers. Your use of any Online Course(s) on the E-Learning Platform, it’s content and any associated items obtained through the Website shall be at your sole risk. You assume full responsibility for actions you take following your use of any and all Online Courses.
- Promotions. Noviron may, in its sole discretion, launch certain limited promotions for the subscription to selected Services at discounted rates. You acknowledge and understand that such promotions shall (i) be for a limited duration; (ii) not apply to any Services subscribed to prior to the commencement of the promotion period; and (iii) include additional terms and conditions.
- You may connect to the Services using any Internet browser supported by the Services on the E-Learning Platform. You acknowledge that you shall solely be responsible for obtaining access to the Internet and the equipment necessary to use the Services.
- You acknowledge that Noviron may, in its sole discretion at any time without notice and for any or no reason, add, change, suspend, remove or discontinue any or all part(s) of the Services and/or Website.
- You agree to use the Website and access the Services for lawful purposes only. Therefore, you agree to not:
- use any material or information, including images or photographs, which are made available by Noviron through the Services in any manner that infringes Noviron’s or any third party’s copyright, trademark, patent, trade secret, or other proprietary rights;
- download, copy, record, distribute, reproduce, perform, display, sell or give away the Online Courses provided by Noviron on the E-Learning Platform to any third party, as any such actions or practices are not only illegal but also strictly forbidden by Noviron;
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained on the Website and Services made available to you;
- use, download or otherwise copy, or provide (whether or not for a fee) to an individual or entity any directory of users of the Services, any information and/or any portion thereof;
- violate any applicable laws or regulations; and/or
- use the Services and Website for any unauthorized commercial purposes.
- Support Services. Noviron shall provide you with support services via our support center website available at [insert], chatbot, email, and online ticketing system in order to address any queries and concerns you may have pertaining to the Services as well as to any payment/account issue. We shall endeavor to resolve any queries and concerns you may have within seven (7) working days from the date you first logged the issue with us.
Registration, Password, and Security
- In order to use the Services, you must first register with Noviron through our online registration process, by providing all required information which shall include but not be limited to your full name and email address. An account shall thereafter be opened by Noviron, in its sole discretion, for you on the Website and E-Learning Platform (“User Account”).
- Each User Account is personal, non-transferable, and may only be registered and used by one (1) single individual/entity. You may not access any third party’s account or authorize any third party to access your User Account and use the Services on your behalf. You acknowledge and agree that Noviron may, in its sole discretion, deny you access to its Website and/or Services for any reason or no reason at all.
- Where a registered user is a legal entity, the natural person (you) registering the User Account on behalf of such legal entity warrants that you have the legal capacity and power to (i) act on behalf of and represent such legal entity, (ii) proceed with the registration of the legal entity and creation of its User Account on the Website, (iii) accept these Terms on its behalf, and (iv) make payment of the Online Course for and on behalf of such legal entity.
- You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by Noviron’s registration process on the Website, and (ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times. If you provide any information to Noviron that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services. You agree to hold Noviron harmless and bear full responsibility for all damages accrued by Noviron in the event of any violation of the obligations provided under Section 3.4.
- You may indicate, during the registration process, to Noviron your User Account’s username (which shall be your registered email address) and your choice of password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Noviron immediately of any unauthorized use of your User Account or any other breach of security. Noviron shall not be liable for any loss that you may incur as a result of any third-party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Noviron due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not (i) use the User Account of another user registered on the Website, and further, acknowledge that User Accounts are for use by one user only, and (ii) impersonate any individual or entity, or falsely state or otherwise misrepresent any affiliation with an individual or entity when accessing the Website and when using the Services on the E-Learning Platform.
- Deletion of User Account. Should you wish to delete your User Account, you may email Noviron at [insert email address] with your request to delete your User Account. Following such request, Noviron will permanently delete your User Account, as well as any data contained in the User Account, within thirty (30) calendar days from the submission of your deletion request. You acknowledge and agree that by submitting a request to delete your User Account, you will no longer be able to access the Online Courses. Noviron shall not be liable for any damages caused by such deletion of your User Account. The provisions of Section 14 (Suspension, Termination, and Cancellation of Subscription Plan) shall also apply in case of the deletion of your User Account.
- Age Restriction. You must be at least 18 years of age to create a User Account on the E-Learning Platform and to use the Services. If you are younger than 18, but above the required legal age for consent to use online services in the place where you live (i.e., 13 years in the USA) we encourage you to invite a parent or legal guardian to assist you in registering your User Account on the E-Learning Platform and using the Services. If you are below the legal age of consent to use online services, you cannot create a User Account or use the Services. Should Noviron discover that you have violated any provision under Section 3.7, we will terminate your User Account, at our sole discretion.
Subscription Plan, Fees, Payment Method, and Taxes
- Subscription Plan. Noviron currently offers you one (1) subscription plan on the Website that enables you to use the Services (“Subscription Plan”). The Subscription Plan includes restrictions and requirements that outline the features of the Subscription Plan that you will have access to as well as the applicable fee. The features of the Subscription Plans are further detailed on the Website. A user who has subscribed to a paid Subscription Plan shall have access to all Services and online Courses on the E-Learning Platform.
- Your use of the Services shall be billed on a recurring and periodic basis (“Billing Cycle”). Billing Cycles may be set on a monthly or yearly basis.
- At the end of each Billing Cycle, your Subscription Plan will automatically renew, even if you do not use the Services, under the exact same conditions unless (i) you cancel the Subscription Plan from your User Account’s settings, or (ii) Noviron cancels the Subscription Plan, in accordance with these Terms.
- You acknowledge that (i) monthly Subscription Plans will automatically renew each month on the same day as the commencement date of your selected Subscription Plan; and (ii) yearly Subscription Plans will automatically renew each year on the same day as the commencement date of your selected Subscription Plan. Noviron shall not be under any obligation to notify you of the renewal date(s) of your selected Subscription Plan.
- Fees. A valid payment method, including a credit card, debit card, or PayPal account is required to process the payment for your selected paid Subscription Plan. Noviron will process your payment via one of Noviron’s third-party payment processors, namely Stripe or PayPal. When you subscribe to a paid Subscription Plan, you shall provide Noviron with your full name, business name, email address, and credit or debit card details. By submitting such payment information, you automatically authorize Noviron and our third-party payment processors to charge all Subscription Plan fees to your credit card, debit card or PayPal account on a recurring monthly/annual basis, until cancellation of the Subscription Plan or until termination/suspension of these Terms as further provided herein under Section 14 (Suspension, Termination, and Cancellation of Subscription Plan), for (i) the applicable Subscription Plan fee, (ii) any other charges as agreed between the Parties, and (iii) any and all applicable taxes.
- You shall be responsible for providing us with true, current, complete, and accurate billing and contact information and for notifying us of any changes to such information.
- You warrant that you are authorized to use your chosen credit card, debit card, or PayPal account as a payment method.
- You acknowledge and agree that the fees for your selected paid Subscription Plan shall be (i) quoted and payable in U.S. Dollars (USD); and (ii) payable on time.
- If Noviron does not receive payment from your verified payment method on the due date, you shall immediately pay all amounts due to Noviron upon request. Should Noviron be unable to collect all such outstanding amounts, Noviron may in its sole discretion close and cancel your User Account and access the Services without any notice to you.
- Noviron may in its sole discretion and at any time, modify the Subscription Plan fees. However, Noviron maintains a locked pricing policy. As such, any modifications to the Subscription Plan fee (i) will not affect the fee you agreed to pay, on the commencement date of your selected Subscription Plan, to Noviron for the Services, and therefore (ii) shall remain unchanged for the duration of your Subscription Plan.
- You agree to notify Noviron of any billing queries and errors within thirty (30) days after receipt of your invoice. Should you not notify Noviron of any billing queries and/or errors, such absence of notification on your part shall be deemed to constitute the waiver of your right to dispute such queries and errors at a later date.
- Noviron does not guarantee that the Subscription Plans and Services offered on the Website will be offered indefinitely and reserves the right to change the Subscription Plan fees and Services and to alter the features and options associated with any particular Subscription Plan or Services.
- Taxes. Unless stated otherwise on the Website or under these Terms, all fees due for your use of and access to the Website shall be exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, whether disputed or not, including any value-added, sales, use or withholding taxes, assessable by any jurisdiction (“Taxes”). You shall be responsible for the payment of any and all Taxes (except for those based on Noviron’s income) associated with the subscribed Services on the Website. You hereby indemnify and hold Noviron harmless from the payment of any Taxes and costs associated with the collection or withholding thereof, including penalties and interest. If Noviron is under a legal obligation to pay or collect Taxes for which you are responsible under Section 4.13, the applicable amount shall be invoiced to and paid by you unless you provide Noviron with a valid tax exemption certificate from the applicable taxing authority.
- Noviron may, in its sole discretion, provide you with a thirty (30) calendar day refund for the Services subscribed by you on the Website, provided that such refund request is made by you to Noviron within the first month of the commencement of your selected initial Subscription Plan. To request a refund, you must send an email to [insert email address]. For the avoidance of doubt, if you are outside the thirty (30) calendar days refund window, you shall not be eligible for a refund under any circumstances.
- You acknowledge and understand that (i) the cancellation of your Subscription Plan shall not automatically guarantee a refund; and (ii) you shall not be eligible for a refund for any and all Online Courses that you have completed on the E-Learning Platform.
- Any refund request is processed via Stripe and may take between five (5) and ten (10) business days, depending on your financial institution/bank. As such, should you not receive your refund after the expiry of more than ten (10) business days from the date Noviron processed your refund request, we recommend that you contact your financial institution/bank to enquire about the status of your refund.
Acceptable Use of the Website and E-Learning Platform
- You may not use the Website and E-Learning Platform to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation, (ii) in a manner that infringes upon Noviron’s Intellectual Property Rights (as defined below) or upon any third-party’s intellectual property rights, (iii) in a manner that violates the privacy or other personal rights of third parties, (iv) that is defamatory, damaging, disruptive, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that (a) is deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; and (b) incites, encourages or threatens immediate physical harm against another including, but not limited to content (1) promoting racism, bigotry, sexism, religious intolerance or harm against any group or individual, or (2) soliciting personal information from anyone under the age of eighteen (18) or exploits anyone in a sexual or violent manner.
- When accessing the Website and E-Learning Platform, you shall be prohibited from:
- using any device, software, or the like to interfere or attempt to interfere with the proper functioning of the Website and E-Learning Platform;
- taking any action that imposes an unreasonable or disproportionately large data load on the Website’s and E-Learning Platform’s infrastructure;
- copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website and/or E-Learning Platform without Noviron prior written consent;
- accessing, tampering with, or use non-public areas of the Website and/or E-Learning Platform of Noviron’s computer systems and/or of its third-party providers’ technical delivery systems;
- probing, scanning, or testing the vulnerability of any of Noviron’s system or network or breach or circumvent any of Noviron’s security or authentication measures;
- accessing, searching, or attempting to access or search the Website and/or E-Learning Platform (by any means other than through Noviron’s currently available, published interfaces that are provided by Noviron, unless You has been specifically allowed to do so in a separate agreement with Noviron;
- reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website and/or E-Learning Platform or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- attempting to access any area of the Website and/or E-Learning Platform to which access is not authorized;
- using any robot, spider, other automatic device, or manual process to monitor or copy any part of the Website and/or E-Learning Platform;
- conducting any systematic or automated data collection activities on or in relation to the Website and/or E-Learning Platform, including but not limited to data scraping, mining, extraction, harvesting, framing, and article spinning, without Noviron’s prior written consent;
- using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website and/or E-Learning Platform;
- disrupting or interfering with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Website and/or E-Learning Platform;
- uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- intentionally or unintentionally violating any local, state, federal, national or international law, in addition to any rules of any nation or other securities exchange, and any regulations having the force of law;
- impersonating any other person or entity, sell your profile, provide false or misleading identification, payment or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity; and/or
- collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
Representations and Warranties
You hereby represent and warrant that your access to the Website, E-Learning Platform and your use of the Services will:
- be in accordance with these Terms;
- comply with all applicable laws, regulations, and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data);
- not be for any unlawful purposes;
- not entail, imply or give rise to the publication of any illegal content;
- not further any illegal activities;
- not infringe upon or misappropriate any Noviron’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights;
- will not involve uploading, posting, emailing, transmitting, or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party; and
- not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.
Disclaimer of Warranties
- Unless otherwise provided under these Terms, the Services on the E-Learning Platform shall be provided by Noviron to you “as is,” and “as available” with all faults, defects, bugs, and errors.
- NOVIRON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE WEBSITE AND E-LEARNING PLATFORM, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, OR INTEGRATION. SUCH EXCLUSIONS OF IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
- NOVIRON AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, E-LEARNING PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES FOR ANY PURPOSE. NOVIRON AND/OR ITS GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, E-LEARNING PLATFORM, AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
- NEITHER NOVIRON NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
- NOVIRON PROVIDES YOU WITH THE SERVICES ON THE WEBSITE AND E-LEARNING PLATFORM IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) ANY DEFECTS ON THE WEBSITE, E-LEARNING PLATFORM AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
- THE INFORMATION FOUND ON THE WEBSITE, E-LEARNING PLATFORM AND WITHIN THE ONLINE COURSES ARE FOR INFORMATIONAL PURPOSES ONLY. NOVIRON WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF YOUR USE OF SUCH INFORMATION. ALL INFORMATION AND CONTENT ON THE WEBSITE, E-LEARNING PLATFORM, AND ONLINE COURSE IS COPYRIGHTED, AND MAY NOT BE REPUBLISHED, COPIED, SOLD, OR POSTED ANYWHERE ONLINE OR IN PRINT. NOVIRON RESERVES THE RIGHT TO TAKE THE NECESSARY LEGAL ACTION TO PREVENT YOU FROM (RE)-PUBLISHING, COPYING, SELLING, POSTING, OR PRINTING ANY COPYRIGHTED INFORMATION AND CONTENT AVAILABLE ON THE WEBSITE, E-LEARNING PLATFORM, AND ONLINE COURSE.
- NOVIRON DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF USING THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES. AS SUCH, NOVIRON WILL NOT BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE, E-LEARNING PLATFORM, AND SERVICES.
- NOVIRON ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE WEBSITE, E-LEARNING PLATFORM, OR ANY ONLINE COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE ON THE WEBSITE AND E-LEARNING PLATFORM.
- YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE AND E-LEARNING PLATFORM OR ANY THIRD PARTY WEBSITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR DATA.
- All content, the Online Courses, videos, texts, images, instructional materials, trademarks, third-party logos and names, data, software, or information contained in any materials, or documents used by Noviron in relation to the Website, E-Learning Platform, and Services, including, but not limited to, any and all copyrighted works, databases, text, tools, software, technology, algorithms, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements (“Materials”), are the sole and exclusive property of or are licensed to Noviron and as such all updates and modifications to the Website, E-Learning Platform and Services will vest in us or our licensors. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without our prior written permission.
- Any and all intellectual property rights in the Materials, Website, E-Learning Platform, and Services, including all patents, rights in inventions, rights in designs, trademarks, trade, and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights, and related rights, rights in databases, topography rights, domain names, rights in information (including know-how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Noviron’s Intellectual Property Right(s)”), vests solely and exclusively in Noviron, its group affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Noviron to you are reserved by Noviron. Save as expressly set out herein, you shall not acquire any right, title, or interest in Noviron’s Intellectual Property Rights.
- You agree to indemnify and hold harmless Noviron from and against any liability, demand, damages, cost, or expense arising from any third-party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Service(s); and/or (iii) your infringement of Noviron’s Intellectual Property Rights. Noviron shall indemnify and hold you harmless from and against any liability or expense arising from a third-party claim based on any Negligence of Noviron. “Negligence” shall mean gross negligence or intentional misconduct.
- In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The Indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the Indemnified Party’s rights.
Limitation of Liability
- NOVIRON, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE SERVICES, EVEN IF NOVIRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- WHILE NOVIRON TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, NOVIRON AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
- YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY, CONFIDENTIAL INFORMATION, AND PROPERTY. NOVIRON SPECIFICALLY DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING, CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOVIRON, ITS AFFILIATES (IF ANY), ITS LICENSORS AND ITS VENDORS AS WELL AS THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, AND, HOWEVER, IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS ($100,00).
Third-Party Links and Resources
The Website, E-Learning Platform, and/or Services may contain links and/or ads to third-party websites or resources. You acknowledge and agree that Noviron shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links and ads to such websites or resources do not imply any endorsement by Noviron of such websites or resources or the content, products, or services available from such websites or resources.
Your communications, interactions, or business transactions/dealings with any third party found on or through the Website, E-Learning Platform, and/or the Services, including any such third party’s terms, conditions, warranties, or representations associated with such communications, interactions or business transactions/dealings, shall be solely between you and such third party. You acknowledge and agree that Noviron shall not be liable for any loss or damage incurred by you as the result of any communication, interaction, business transaction, or other dealings you may have with any third party found through (i) the Website, (ii) the E-Learning Platform, and/or (iii) your use of the Services.
Suspension, Termination, and Cancellation of Subscription Plan
- Noviron may suspend or temporarily disable access to all or part of the Website, E-Learning Platform, User Account, or Services if (i) Noviron suspects you of partaking in any illegal activity; (ii) Noviron reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested Noviron to suspend or temporarily disable your access to the Website, E-Learning Platform and/or Services.
- If Noviron breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Noviron may (i) block your access to all of the Website and E-Learning Platform, (ii) block your use of the Services, and (iii) disable your User Account, and (iv) delete all of your data in your User Account, including but not limited to your full name, email address and password.
- Cancellation of Subscription Plan. Except as otherwise specified under these Terms, you may cancel your chosen Subscription Plan at any time prior to the end of the relevant Subscription Plan term under the account settings tab in your User Account. If your Subscription Plan is canceled prior to the end of the current Billing Cycle, you acknowledge and agree that the prorated Subscription Plan fee for the remainder of the Billing Cycle, will not be refunded by Noviron to you. However, you will continue to have access to the Website, E-Learning Platform, and Services for the remainder of your canceled Subscription Plan’s Billing Cycle.
No Partnership or Employment Status
You acknowledge that Noviron is merely a service provider that provides the Services through the E-Learning Platform for you to connect with Trainers and access the Online Courses. Accordingly, there is no employment, joint venture, or partnership relationship between you and Noviron.
Noviron does not and shall not be required to assume, and expressly disclaims, any obligations or liabilities that could arise from or relate to an employment relationship (whether between you and Noviron, or between you and the Trainer), including, but not limited to, any obligations or liabilities relating to immigration or sponsorship matters or other work permits, wages, expenses, benefits, workers compensation premiums, health insurance, unemployment, social security, training or tax obligations.
Governing Law and Jurisdiction
In the event of any disagreement between the Parties with respect to the interpretation and implementation of any aspect of these Terms, the Parties agree to discuss in good faith to reach an amicable resolution prior to starting any litigation/legal proceedings against each other.
These Terms shall be construed, governed, and enforced in accordance with the laws of Singapore. All disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Singapore International Arbitration Centre (SIAC) to the exclusion of the Singaporean public court system).
- Non-Exclusivity. These Terms do not create an exclusive relationship between the Parties. Noviron shall be free to engage with other clients and to provide the same or similar services as provided by Noviron to you under these Terms. You shall be entitled to solicit and engage with other third-party entities/companies in order to obtain and access the same or similar services and/or products.
- In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render the remaining provisions of these Terms unenforceable or invalid, and, in such event, such remaining provisions shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decision(s).
- No Waiver. Save for section 4.1 and 16, each Party agrees that any delay or omission on the part of the other Party to exercise any right, power or remedy under these Terms will not automatically operate as a waiver of such right, power or remedy or any other right, power or remedy and no waiver will be effective unless it is in writing and signed by the waiving Party. Further, the waiver or the single or partial exercise of any right, power, or remedy by either Party hereunder on one occasion will not be construed as a bar to a waiver of any successive or other right, power, or remedy on any other occasion.
- No Assignment. Neither these Terms nor any rights under these Terms may be assigned or otherwise transferred by you, whether voluntarily or by operation of law, without the prior written consent of Noviron. Subject to the foregoing, these Terms will be binding upon and will insure to the benefit of the Parties and their respective successors and assigns. Any assignment in violation of the foregoing shall be null and void.
- Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to [insert email address].
- Entire Agreement. These Terms represent the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely express the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations, or warranties, written or oral, except as set forth herein.
Should you have any questions concerning these Terms and/or any issues or concerns about the Website, E-Learning Platform, and/or Services you may contact Noviron at [insert email address].
Effective Date: [insert]