Welcome to Pomeroy Academy! When you visit, view, use, or access our Website (“www.pomeroyacademy.sg” or “Site”) and any applicable subdomains thereof, or any applications, mobile applications, features and functionalities (including but not limited to, all information, software, text, displays, images, video and audio content), materials, or other paid/free services, masterclass, training or courses provided by Pomeroy Academy Pte Ltd (collectively the “Services”), whether as a Guest or a registered User, you are agreeing to the following terms and conditions, so please take a few minutes to read over the Terms of Service below.

1.0 TERMS OF SERVICE

These Terms of Service, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms of Service”), are entered into by and between you (or the “User”) and Pomeroy Academy Pte Ltd, a Singapore private limited company (“Pomeroy Academy”, “Company”, “we”, or “us”).
You acknowledge and agree by (i) visiting, viewing, using, or accessing the Website, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or other agreement incorporating these Terms of Service, that you have read, understand, agree to be bound by these Terms of Service, irrespective of whether you are a guest or a registered user of the Services.
We reserve the right to change or modify these Terms of Service, or any documents, policies, or terms in our sole discretion at any time without prior written notice. We may at any time, without any notice or liability, change or eliminate any content or feature of the Site or any portion thereof, or restrict the use of any portion of the Site. Not withdrawing anything to the contrary, your continued use of the Site will be deemed your conclusive acceptance of all such changed or modified terms and conditions.
Subject to the Terms of Service, you will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicenseable right to access and enrol in Services. The Company may upgrade, modify, change or enhance the Services and convert a User to a new version thereof at any time in its sole discretion and without prior notice.

2.0 AVAILABILITY OF WEBSITE

You recognise that the traffic of data through the Internet may cause delays during your use of or access to the Site, and agree not to hold the Company liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Site may not be available on a continual 24-hour basis due to such delays, or delays caused by the Company’s upgrading, modification, or standard maintenance of the Site, or any other delays outside our control.

3.0 SITE ACCESS AND ACCOUNT REGISTRATION

You represent and warrant that you are (i) 18 years of age or older, and (ii) are fully able and competent to form a binding contract with the Company by entering into these Terms of Use.
To access the Site, you may be asked to provide certain account information and other details. This account information helps us to create and maintain an account for you, which is necessary for providing you the content, customer service, and network management that comes with the Site; as such, it is a condition of your use of the Site that all account information you provide is correct, current, and complete. You agree that all account information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
With regards to your username, password, and any other piece of information you provide to us as part of our security procedures (collectively, “Account Information”), you agree to treat such Account Information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account Information is personal to you, and you agree not to provide any other person with access to the Site using your Account Information. You agree to notify us immediately support@pomeroyacademy.sg of any unauthorised access to or use of your Account Information or any other breach of security that you become aware of. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your Account Information or other personal information.
Except as provided herein, you may not transfer your Account Information to any other person and you may not use anyone else’s Account Information or account at any time. In cases where you have nevertheless authorised or registered another person to use your account, or you have acted negligently in safeguarding your Account Information as set forth above, you agree you are fully responsible for (i) the acts of omissions of such person accessing the Site with your Account Information, (ii) controlling the person’s access to and use of the Site, and (iii) the consequences of any use or misuse by such person.

4.0 INTELLECTUAL PROPERTY RIGHTS

1. The Services are owned by the Company, its licensors or other providers of such material, and are protected by Singapore and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights law.


2. No right, title or interest in or to the Services or any portion thereof, is transferred to any User or Multi-User, and all rights not expressly granted herein, are reserved by the Company.


3. The Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its affiliates or licensors. User may not use such marks without the prior written permission of the Company. Any other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

5.0 CONFIDENTIALITY

User agrees to maintain the confidentiality of the Company’s Confidential Information. For the purposes of these Terms of Service, the term “Confidential Information” means all portions of the Services, including but not limited to, the Website.

6.0 ACCOUNTS AND AUTHORITY

The Site from time to time may provide you with the ability to upload, post, submit, publish, or transmit to other users or persons (“Post”) via online forums, chat capabilities, user discussion groups, blogs, online profiles, or other online forums (“Interactive Features”).
We reserve the right to monitor use of the Site and to suspend, revoke, deny, disable, or terminate your access if you have violated any provisions of these Terms of Use (including the Code of Conduct below) or if your usage behaviour exceeds normal limits, as determined in our sole discretion.

7.0 PAYMENTS AND CERTIFICATE

User agrees to pay the appropriate fee corresponding to the particular Services that it wishes to access for the applicable User Term. The Company reserves the right to change the fees at its sole discretion and without prior notice. Unless otherwise expressly stated, all fees are in Singapore Dollars (SGD) and are non-cancellable and non-refundable.
User is responsible for all other necessary taxes, duties, bank charges, whether international, national, state, or local, however designated, which are levied or imposed by reason of the transaction.
When you select or purchase a Service, or otherwise provide or add any form of payment method to Checkout, your bank may reserve the funds necessary or place a small authorisation hold until the transaction processes or the authorisation hold expires, but this is not the actual charge. The authorisation will be removed from your account according to the policies of your bank; and as such, to remove an authorisation, please contact your bank to clarify how long they hold authorisations for online purchases.
Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates. We support all payment methods available on the shopping cart check out page.
User agrees to make payment to the Company with valid, up-to-date and complete contact and billing details. User further authorises the Company to bill such credit/debit card details upon the User’s purchase of the Company’s Services. If, for any reason, User’s credit/debit card company refuses to pay the amount billed for the Services, User agrees that Company may, at its discretion, suspend or terminate User’s access to the Services and require User to pay the overdue amount by other means acceptable to the Company.

8.0 MOBILE AND OTHER DEVICES

If you use a mobile device to access the Site, the following additional Mobile Terms of Services (“Mobile Terms”) also apply:

1. You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Site. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.


2. You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise.

9.0 PROPREITARY MATERIALS

The Site contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Pomeroy Academy and licensors of Pomeroy Academy [Pomeroy Studio Pte Ltd and/or Pomeroy Properties Pte Ltd] (collectively, “Proprietary Materials”), including without limitation course code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Site, and not by or from any other site or means. The applicable License granted to you by these Terms of Use is a right access through the Site only, and does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain Services, including but not limited to course slides, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by an applicable end user license agreement for such application (collectively, the “Authorised Downloadable Materials”). Authorised Downloadable Materials are held by your pursuant to a limited revocable right only, and are subject to all restrictions described herein, including the prohibition of further transfer, sale, creation of derivative works, or exploitation in any manner.
Reservation of Rights. Pomeroy Academy and licensors of Pomeroy Academy reserves all intellectual property rights to the Proprietary Materials, other than as specifically granted under the License granted you under these Terms of Service. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
Propriety Materials may include reference materials from projects undertaken by licensors of Pomeroy Academy which are only for illustrative purposes and may demonstrate application of theories explained. Detailed project information may be withheld for confidential purposes.
We respect the intellectual property of others, and we ask our Users to do the same. We may, in inappropriate circumstances and at our sole discretion, remove or disable access to any materials on the Site that we believe (or are notified) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly at support@pomeroyacademy.sg.

10.0 DISCLAIMERS

The Site is provided on an “As Is” and “As Available” basis, without warranties of any kind, either express or implied. Neither Company nor any person associated with Company makes any promise, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Site. Without limiting the foregoing, neither Company nor anyone associated with Company promises that the services or content obtained through the Site or any portion thereof, will be accurate, reliable, error-free or uninterrupted, are free of viruses or other harmful components, or that the Site and its content or materials obtained through the services will otherwise meet User’s needs or expectations. Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
Content presented are the views of the tutor/presenter and should be used as per user’s own discretion.

11.0 LIMITATIONS OF LIABILITIES

In no event shall Company, its affiliates, service providers, licensors, employees, agents, officers or directors be liable to User or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not company has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Services or any website referenced or linked from the Services. Notwithstanding anything to the contrary in the foregoing, User’s exclusive remedy and Company’s entire liability, if any, for any claims arising out of these Terms of Use, shall be limited to the amount paid by User to Company in Service Fees.

12.0 THIRD PARTY LINKS OR INFORMATION

This Website may contain links to other websites that are not operated by or related to Company. Company is not responsible for the content, accuracy or opinions expressed in such third party websites, and does not investigate, monitor, or check these websites for accuracy or completeness. The inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by Company. A User that leaves this Website to access these third-party sites does so at its own risk.

13.0 INDEMNIFICATION

User agrees to compensate and defend fully Company, its officers, employees, agents successors and assigns, from and against any direct/indirect damages, losses, and expenses (including reasonable attorney’s fees) resulting from any third-party claim, action or demand arising out of any breach by User of any representation, warranty, covenant, obligation or duty of User under this Terms of Service.

14.0 TERMINATION

You agree that we may suspend, deactivate, or terminate your account if we believe that you have (a) breached these Terms of Use; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised User content; or (d) violated or acted inconsistently with these Terms of Use, or any other applicable code of conduct. You agree that any such deactivation or termination for the foregoing reasons may be effected without prior notice to you and that we will not be liable to you or any third party for any deactivation or termination of your account.
Your account may be cancelled at any time by e-mailing us at support@pomeroyacademy.sg with the e-mail subject ‘Account Cancellation’. We will confirm by e-mail within thirty (30) days after receipt of your written notice that the account has been cancelled. You acknowledge and agree that we may retain and store your information on our systems for archival purposes notwithstanding any termination or cancellation of your account.
All provisions relating to proprietary rights, payment of fees, confidentiality, disclaimer of warranty, indemnification, and limitation of liability, shall survive the expiration or earlier termination of these Terms of Service.

15.0 PRIVACY POLICY

Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the Site is subject to our privacy policy found at https://www.pomeroyacademy.sg/privacy (the “Privacy Policy”). We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Site in accordance with our Privacy Policy solely in furtherance of improving the Site.
User agrees to comply with the Privacy Policy (collectively, the “Polices” and individually, the “Policy”). Company reserves the right to modify either Policy at any time, and to the extent permitted by applicable law, changes to the Polices are effective immediately upon posting on the Website. User’s continued use of any portion or all, of the Services, following the posting of a revised Policy means that User accepts and agrees to the changes. The personal data that Company collects from a User may be transferred to, and stored at, a remote destination. By submitting your personal data, you agree to the transfer, storing and processing. Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy.

16.0 CODE OF CONDUCT

You acknowledge and agree that the Site contains content that are viewable through online streaming methods and they are not to be downloaded by you, except under the limited circumstances and for the limited times as permitted. In addition, you agree to adhere and abide to the following Code of Conduct:

(a) User Obligations. You acknowledge and agree that you will:

1. Comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity);


2. Provide true and accurate information to us and keep it updated;


3. Use the User Post feature in a respectful manner; and


4. Exit from your account at the end of each session or use of the Site.

(b) Prohibited Conduct. You acknowledge and agree that you, will not:

1. Reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Site other than with regard to Authorised Downloadable Materials;


2. Manually or systematically harvest, scrape, collect, or otherwise extract information or data contained on the Site, other than permitted use of Authorised Downloadable Materials;


3. Permit or provide others access to the Site using your Account Information or otherwise, or the Account Information of another authorised User;


4. Impersonate or attempt to impersonate Pomeroy Academy, a Pomeroy Academy employee, another user, or any other person or entity (including without limitation by using e-mail address of Account Information associated with any of the foregoing) or provide incorrect or knowingly false information;


5. Remove or modify copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Site;


6. Violate or attempt to violate the Site’s security mechanisms, attempt to gain unauthorised access to the Site or assist others to do so, or otherwise breach the security of the Site or corrupt the Site in any way;


7. Co-brand or frame the Site or establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without the express written permission of an authorised representative of Pomeroy Academy;


8. Use any portion of the Site to aid in transmitting, or procure the sending of, any advertising or promotion material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;


9. Post on the Site any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libellous content;


10. Use the Site or its contents to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorised representative of Pomeroy Academy;


11. Use or attempt to use the Site to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;


12. Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability; and/or


13. Use the Site in any manner that could disable, overburden, damage, or impair the Site, interfere with any other party’s use of the Site (including their ability to engage in real time activities through the Site), or otherwise attempt to interfere with the working of the Site.

17.0 GENERAL

1. Non-Wavier. Failure by Company to enforce any provision(s) of these Terms of Service will not be construed as a waiver of any provision or right.


2. Severability. If any provision of these Terms of Service is found to be illegal, void, or unenforceable, than that provision will be deemed severable from these Terms of Service and will not affect the validity and enforceability of any remaining provisions of these Terms of Service.


3. Governing Laws. These Terms of Service shall be construed and governed by the laws of Singapore. User agrees and accepts that any legal action or proceeding shall be brought in the jurisdiction of Singapore, and User expressly waives any objection to personal jurisdiction, venue or forum non conveniens. Additionally, in the event of any dispute or claim relating to or arising out of these Terms of Service (including, but not limited to, any claims of breach of contract, tort, infringement), User agrees that all such disputes/claims will be resolved by means of a court trial conducted by the superior or district court in Singapore, and User expressly waives any right it may otherwise have to a jury trial.


4. Force Majeure. Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Forge Majeure Event includes any act, event, non-happening, omission or accident beyond Company’s reasonable control including, but not limited to, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.


5. Notice. Any notice which may be required to be given under these Terms of Service, will be given: (i) by Company to you via e-mail to the e-mail address you maintain in your account settings (ii) by you to Company regarding all feedback, comments, request for technical support, or other communications relating to the Site should be directed to the Company support team by e-mailing: support@pomeroyacademy.sg

Effective as of 10 September 2018