- GENERAL TERMS AND CONDITIONS
1 General
1.1 In using LHWY International Pte. Ltd. (“LHWY”) websites, which include but are not limited to “https://www.lhwy.sg/” (the “Website”) and/or purchasing LHWY International’s products and services (the “Services” or “LHWY International’s Services”), you accept and agree to be bound by the following terms and conditions, including such terms and conditions governing the use of the Website and the Services as may be updated and published on the Website or notified to you in writing from time to time (collectively referred to in this document as the/these “Terms”). If you do not accept the Terms, please refrain immediately from using this Website and/or purchasing/using the Services.
1.2 The Terms form part of (and should be read in conjunction with) the any other terms and conditions governing your contractual and commercial relationship with us and under which LHWY provides its Services to you.
1.3 By accessing and browsing through the website, or otherwise purchasing the Services:
(a) a valid and enforceable agreement shall be created between you and LHWY which terms shall include the Terms;
(b) you agree to be bound by the Terms and any of the related policies and/or guidelines, including any subsequent changes or modifications to them;
(c) you agree that the contents of the Terms shall be taken as mutually explanatory of one another and shall be read and construed as a whole, provided always that, in the case of any conflict and/or discrepancies, the stringent of the provisions shall prevail; and
(d) you agree and consent to LHWY as well as its authorised agents, authorised service providers, related and/or associated companies (including Millionaireasia Pte Ltd) and relevant third parties collecting, using, disclosing and/or sharing your personal data in the manner set forth in these Terms.
1.4 These Terms supplement but do not supersede nor replace any other consent(s) which you may have previously provided to LHWY.
1.5 The Company may from time to time update these Terms, at its sole discretion and without prior notice. The amended Terms shall be effective as soon as it is published on the Website. Please review these Terms periodically as your continued use of the Website and LHWY’s Services is deemed acceptance of any revised Terms in force at the time.
1.6 You acknowledge and agree that the Terms shall continue to bind you even after the conclusion of the Services with no limitation in time save that you shall not be entitled to any Services and hence, shall not be liable to make any payment to LHWY after the conclusion or termination of the agreement to provide the Services and save unless expressly provided for under the respective clause or as context requires, as the case may be.
1.7 If you have any queries about these Terms, you may email them to admin@LHWY.sg.
2 Use of the Website and LHWY’s Services
2.1 Your attention is drawn to LHWY International’s Privacy Policy as set out in LHWY’s Website. This Website and/or LHWY’s Services is not directed at any person in a jurisdiction where access to and/or use of LHWY’s Services is prohibited. You are responsible for ensuring that you are in compliance with all laws, regulations and rules applicable to you in relation to your use of the Website and/or LHWY’s Services.
2.2 All content contained in the Website and/or provided to you in connection with LHWY’s Services (the “Content”) may be viewed for your personal reference only. Such permitted usage does not extend to the logos, name and branding of LHWY. The permitted usage also does not include exploitation of the Content for commercial gain. All other uses of the Content require the prior written consent of LHWY. LHWY is not obliged to give such consent.
2.3 Without limiting your obligations under the applicable laws, you must not:
(a) use the Website or LHWY’s Services for any illegal purposes;
(b) attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the Website or LHWY’s Services;
(c) interfere with another’s utilisation and enjoyment of the Website and/or LHWY’s Services;
(d) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Website’s data or damage or interfere with the operation of another person’s computer or mobile device or the Website or LHWY’s Services;
(e) engage in any activity or act that would violate intellectual property rights in the Website and/or LHWY’s Services; and
(f) use or attempt to use another user’s account, service or personal information as they apply to the Website and/or LHWY’s Services.
2.4 You must keep confidential your usernames and passwords as they apply to the Website and/or LHWY’s Services.
3 LHWY International’s Platform
3.1 LHWY is in the business of providing training services. Its primary objective is to promote learning and personal and professional growth, which it endeavours to do by organising training courses and knowledge sharing events and providing ancillary services.
3.2 LHWY does not conduct any business in the nature of financial advisory service or recruitment of financial adviser representatives. LHWY is not licensed to conduct any such business nor does it intend to hold any such licenses. LHWY is not a platform for users to conduct any financial advisory service or recruitment of financial adviser representatives, whether directly or indirectly. LHWY takes a very serious view on this matter and will take all necessary measures to ensure that users do not exploit the LHWY platform to conduct any such prohibited business.
3.3 In the event that you are found to be using LHWY’s Services to conduct any financial advisory service, recruitment of financial adviser representatives or any such business that LHWY deems to be improper or abusive, LHWY reserves the right to immediately terminate your user account and all services provided to you, without any refund whatsoever. LHWY will also take necessary action against you, including but not limited to making a report to the relevant authorities.
3.4 If you are aware of any of LHWY’s users who are involved, whether directly or indirectly, in the conduct of such prohibited activities as described in this Clause 3 through LHWY’s platform, please report the matter to LHWY by email to admin@LHWY.sg so that LHWY may take immediate and necessary action.
4 LHWY User Accounts
4.1 Certain services that may be made available on the Website may require creation of an account with LHWY or for you to provide personal data. If you request to create an account with LHWY, a username and password may either be: (i) determined and issued to you by LHWY; or (ii) provided by you and accepted by LHWY in LHWY’s sole and absolute discretion in connection with the use of the Website and/or LHWY’s Services.
(a) You agree that as an account holder, your access to the Website and/or LHWY’s Services is granted by LHWY to you solely in your capacity as an account holder. You shall not provide such access to the Website and/or LHWY’s Services to any third party, whether directly or indirectly.
(b) You agree that as an account holder, you will abide by such access restrictions as may be stipulated by LHWY from time to time, including but not limited to the number of devices or unique IP addresses that are used to access your account and the sharing of account usernames and passwords with any third party.
(c) In the absence of any access restrictions otherwise expressly stipulated by LHWY, your access to your user account is limited to a maximum of three (3) devices. At any point in time, only one (1) device will be provided with access to live streaming of online courses, recorded lesson videos and course preview videos.
(d) You agree that you will not assume a false identity or the identity of another user when using the Website and LHWY’s Services.
4.2 You agree that you will not create an account, or multiple accounts:
(a) that is intended to thwart a previous ban or suspension;
(b) that is intended to circumvent any existing referral programme(s) and the terms and conditions thereunder to which you are subject; and
(c) that breaches any terms and conditions applicable to you.
4.3 LHWY may at any time in its sole and absolute discretion, request that you update your personal data or forthwith invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation.
4.4 You agree to change your password from time to time and to keep the username and password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the username and/or password.
4.5 You agree to notify LHWY immediately if you have knowledge or have reason for suspecting that the confidentiality of the username and/or password has been compromised or if there has been any unauthorised use of the username and/or password or if your personal data requires updating.
4.6 Access to and use of password protected and/or secure areas of the Website and/or services provided by LHWY are restricted to users with accounts only. You shall not obtain or attempt to obtain unauthorized access to such parts of the Website or LHWY Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
4.7 You agree and acknowledge that any access of the Website and/or LHWY Services referable to your username and password shall be deemed to be, as the case may be: (i) access to the Website and/or LHWY Services by you; or (ii) information, data or communications posted, transmitted and validly issued by you.
4.8 You agree to be bound by any access of the Website and/or LHWY Services (whether such access or use are authorised by you or not) and you agree that LHWY shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses attributable to any use of the Website and/or LHWY Services referable to your username and password.
4.9 You agree and acknowledge that LHWY, in its sole and absolute discretion, may with immediate effect upon giving you notice, terminate your use of the Website and/or LHWY Services and/or disable your username and password. LHWY may bar access to the Website and/or LHWY Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms or where if LHWY believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in LHWY opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services in relation to the Website and/or LHWY Services. In such an event, you will not be entitled to any refund of course fees or have any claims whatsoever against LHWY.
5 Payments
5.1 Payments of LHWY Services may be made directly on the Website via a credit or debit card, or via such other method of making payment as is made available by LHWY.
5.2 LHWY complies strictly with all applicable anti-money laundering and anti-terrorism laws and adheres to these standards in preventing the use of its products and services for money laundering
purposes. LHWY may require that you submit additional identification documents prior to you making a purchase at our sole discretion. You shall ensure that any information or data you provide to LHWY in connection with your purchase is accurate.
6 Intellectual Property
6.1 Save otherwise stated, all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights in the Content, the Website and/or LHWY Services are owned, licensed to or controlled by LHWY (the “Intellectual Property”). LHWY reserves the right to enforce its Intellectual Property to the fullest extent of the law.
6.2 No part or parts of the Content, the Website and/or LHWY Services may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without LHWY prior written permission or that of the relevant copyright owners. Permission will only be granted to you to view the Content for personal and non-commercial uses, provided that you do not modify the Content and that LHWY or the relevant copyright owners retain all copyright and other proprietary notices contained in the Content.
6.3 You agree that in the event that any Intellectual Property is created, maintained, kept in your possession without LHWY written consent, used, exploited by you or any third party through your consent or assistance, or disclosed by you to any third party whether directly or indirectly, for any purpose other than the purpose other than the purpose expressly consented to by LHWY in writing, you shall be liable to pay to LHWY:
(a) a reasonable license fee for the use, disclosure or exploitation equivalent to the loss suffered by LHWY for such unauthorised use, disclosure or exploitation; or
(b) a reasonable license fee for the use, disclosure or exploitation equivalent to the profits or benefits gained by you for such use, disclosure or exploitation.
6.4 In the event that LHWY consents in writing to the use, disclosure or exploitation of the Intellectual Property by you, such consent shall be equivalent to a grant by LHWY to you of a non-exclusive license to use the Intellectual Property in accordance with and limited to the purposes stated in the written consent.
6.5 When you participate in LHWY Services, including but not limited to the LHWY training courses, you might be participating in an event where photography, video and audio recording may occur. By participating in LHWY Services:
(a) You consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for promotional purposes, telecasts, advertising, inclusion on websites, or for any other commercial purpose(s) that LHWY, its vendors, partners, affiliates and/or representatives deems fit to use. You release
LHWY, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitising or publication of interviews, photographs, computer images, video and/or sound recordings.
(b) You waive all rights you may have to any claims for payment or royalties in connection with any exhibition, streaming, webcasting, televising or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for access or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by LHWY or the person or entity designated to do so by LHWY.
(c) LHWY Services will be monitored for unauthorised recording. You agree not to record or digitise any parts of the presentation. If you attempt to use a recording device, you consent to your immediate removal from LHWY Services and forfeiture of the device.
(d) You have been fully informed of your consent, waiver of liability, and release before participating in any of LHWY Services.
7 Third Party Vendors
You acknowledge that parties other than LHWY and its related parties including Triple Win Pte Ltd (i.e. “Third Party Vendors”) may list and sell products on the Website. Products listed for sale by Third Party Vendors will be indicated as such. If you purchase product(s) sold by Third Party Vendors, each agreement entered into for the sale and purchase of a Third Party Vendor’s product(s) shall be an agreement entered into directly between you and the Third Party Vendor only and LHWY shall not be responsible for any loss, damages or expenses incurred by you (including any loss of profits or loss of data) which you may have suffered as a result of your purchase of products fromThird Party Vendors.
8 Data Privacy and Confidentiality
8.1 If you supply personal data and other information to LHWY by participating in and/or through the Website and/or LHWY Services, then you consent to LHWY collecting, maintaining, using and disclosing such personal data and other information in accordance with LHWY Privacy Policy a copy of which can be accessed here: https://lhwy.sg/privacy-policy/.
8.2 If you supply LHWY with personal data or information on behalf of another individual or about your individual representatives, you are to ensure that such individual or representative are aware (i) of these Terms and (ii) that they can contact LHWY by email to admin@lhwy.sg if they want to have access to the information that LHWY holds about them, to correct any of that information or to request LHWY to cease using their contact details to send communications to them.
8.3 LHWY takes reasonable precautions to protect the security and privacy of your use of the Website and/or LHWY Services. However, LHWY reserves the right to disclose such information as may be required by it under the law.
8.4 You agree to keep confidential any information provided through LHWY Services.
9 Disclaimer and Limitation of Liability
9.1 The provisions in this clause should be read together with and are without prejudice to the Warranty Disclaimer and Further Limitation of Liability provisions at Clause 13 herein.
9.2 You should ensure that you have appropriate internet security arrangements in place when accessing the Website and/or LHWY Services.
9.3 The Website and/or LHWY Services contain information which are made available “as in” and there are no responsibilities or warranties (express or implied) as to the accuracy, quality or fitness for any particular purpose of the Website and LHWY Services or the contents provided therein.
9.4 The Website and/or LHWY Services may contain third party content, which is provided “as is”, without representation or warranty of any kind. LHWY does not warrant the accuracy, timeliness, completeness, adequacy, truthfulness or fitness for any particular purpose of any third party content, and LHWY shall not be liable to any party with respect to any actual or alleged inaccuracy, untimeliness, incompleteness, inadequacy, untruthfulness or unfitness. Furthermore, whilst LHWY will exercise a reasonable degree of care and skill to review third party content uploaded to Website, it shall not be liable for any breach of intellectual property or other proprietary right asserted by a party who is not the third party content provider. If you are concerned about a potential breach of your intellectual property rights, please let us know by email to: admin@LHWY.sg.
9.5 LHWY shall not be responsible for the privacy policies and practices of other sites even if you access them using links from our Website and recommend that you check the privacy policy of each site you visit and contact its owner or operator if you have any concerns or questions. A link from the Website to an external website is not an endorsement or recommendation.
9.6 If you have accessed this Website through a link from a third party site (including Millionaireasia Pte Ltd), LHWY shall not be responsible for the privacy policies and practices of the owners or operators of that third party site and recommend that you check the privacy policy of that third party site and contact its owner or operator if you have any concerns or questions.
9.7 To the extent permitted by law, LHWY shall not be liable under any circumstances for any loss or damage of any kind including, without limitation, any direct, special, indirect or consequential loss or damage, arising out of or in connection with the access or use of the Website and/or LHWY Services, from any reliance that may be placed by any person on any information of whatever nature which may be made available to that person as a result of using the Website and/or LHWY Services, or from the violation of any of the provisions of these Terms by any users.
10 No Recording
10.1 Upon your successful registration to any course(s) conducted by LHWY, you agree:
(a) that you shall not whether directly or indirectly, whether yourself or through third parties create, make, maintain or receive from third parties, any copies and/or recordings of any content created by LHWY and/or any party related to LHWY by photographic or electronic means whether electronic or digital medium or otherwise on which an image is reproduced or from which an image may by any means be produced and shall include any files, copies of documents, media or prints howsoever stored or reproduced or any sound or video recordings made or created by LHWY and/or any party related to LHWY including a recording of sound or image from which sounds or images may be reproduced or a recording of the whole or part of a work or meeting or presentation from which sounds or images reproducing any content created by LHWY and/or any party related to LHWY may be produced (regardless of the medium in which the recording is made or the method by which the sounds are reproduced or produced) (the “Prohibited Content”) without the written consent of LHWY;
(b) that if you have possession or custody of or control over, any Prohibited Content, you shall immediately disclose such information in writing to LHWY, immediately irreversibly destroy such Prohibited Content and furnish to LHWY objective evidence that such irreversible destruction has been carried out;
(c) that if requested to do so by LHWY, you shall make a statutory declaration confirming that you do not have possession, custody or control of any Prohibited Content or that you had completely and irreversibly destroyed all Prohibited Content in your possession, custody or control; and
(d) that you shall not disclose to any third party or use any Prohibited Content without the written consent of LHWY.
10.2 You acknowledge that the Prohibited Content are LHWY proprietary products which are of significant commercial value and importance to LHWY and have been provided to you by LHWY in confidence solely for the purpose authorised by LHWY and that the Prohibited Content are provided to you by LHWY in good faith.
11 Refund Policy
11.1 Subject to the Terms, LHWY refund policy is set out as follows:
(a) Courses and Programmes: You shall be entitled to a full refund of fees paid by you provided that you give at least seven (7) days’ notice prior to the date of the course / programme (as the case may be).
11.2 In the event of over-subscription, participants who did not manage to secure participation in the course shall have their course fees fully refunded. Subject to availability, participants may request in writing to LHWY to be transferred to the next available course.
12 Cancellation and Non-Attendance Policy
12.1 Upon successful registration, you are deemed to have accepted all of the terms and conditions contained in these Terms. Once your registration is successful, a confirmation email will be sent
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to you via the contact details provided by you. If you choose not to participate in, attend at or access the Services, you shall not be entitled to any refund.
12.2 You acknowledge that LHWY reserves the right to cancel or to make any amendments (date and/or time) to any of its courses and programmes. In the event of any cancellation by LHWY, participants will be entitled to full refund.
12.3 In the event that LHWY (for any reason whatsoever) is unable to conduct any of its courses / programmes as scheduled, LHWY reserves the right to reschedule the same to an alternative date.
13 Miscellaneous
13.1 All notices or other communications given to you if:
(a) communicated through any print or electronic media as LHWY may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
13.2 You may only give notice to LHWY in writing sent to LHWY registered address or e-mail address, and LHWY shall be deemed to have received such notice only upon receipt. LHWY shall endeavour to respond promptly to notices from you but cannot guarantee that it will always respond with consistent speed.
13.3 Notwithstanding Clauses 13.1 and 13.2 above, LHWY may from time to time designate other reasonable modes of giving notices (including but not limited to e-mail or other forms of electronic communication such as WhatsApp or Telegram) and the time or event by which such notice shall be deemed given.
13.4 You acknowledge that LHWY failure to exercise any right, power or remedy under these Terms shall not operate as a waiver thereof, nor shall any single or particular exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy. Without limitation to the generality of the foregoing, no waiver by LHWY of any breach of any provision under the Terms shall be deemed to be a waiver of any subsequent breach of that or any other provision.
13.5 No remedy conferred by any of the provisions of these Terms is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise, and each and every other remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. The election of any one or more of such remedies by LHWY shall not constitute a waiver by LHWY of the right to pursue any other available remedies.
13.6 You shall indemnify LHWY and keep LHWY fully and effectively indemnified on demand against any loss of or damage (including without limitation loss of profits or contracts or other direct or indirect loss) arising out of or in connection with the breach of the Terms, or any negligent act or omission by you, your employees, agents or representatives howsoever caused.
13.7 You acknowledge and agree that any actual or threatened breach of these Terms by you or your employees, agents or representatives or otherwise will result in irreparable injury and harm to LHWY for which remedies at law would be inadequate. Accordingly, you further acknowledge and agree that, in addition to any other rights and remedies otherwise available to LHWY whether in law or equity, LHWY shall be entitled to any and all injunctive or other immediate equitable relief in the event of any such breach or perceived breach by any court of appropriate jurisdiction.
13.8 You undertake and agree that you shall pay or reimburse LHWY immediately on demand all costs and expenses incurred by LHWY in enforcing any of LHWY rights under or in connection with these Terms, including without limitation legal costs on a solicitor and client basis.
13.9 Warranty disclaimer: other than as expressly stated in the terms or as required by law, the services are provided “as is” and LHWY does not make any specific commitments or warranties about the services. For example, we don’t make any warranties about: (a) the content provided through the services; and / or (b) the specific features of the services, or its accuracy, reliability, availability, or ability to meet your needs.
13.10 Further limitation of liability: except as required by applicable law, LHWY, its affiliates, officers, directors, employees and agents will not be responsible for any loss of profits, revenues, business opportunities, goodwill, or anticipated savings; loss or corruption of data (whether or not these are direct or indirect losses); or any indirect or consequential loss; punitive damages caused by:
(a) Errors, mistakes, or inaccuracies on the services;
(b) Personal injury or property damage resulting from your use of the services;
(c) Any unauthorized access to or use of the services;
(d) Any interruption or cessation of the services;
(e) Any viruses or malicious code transmitted to or through the services or the website by any
third party;
(f) Any content transmitted in the course of the services including your use of such content;
and/or
(g) The removal or unavailability of any services or such content transmitted in the course of
the services.
13.11 The above limitation of liability provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort, or any other legal theory.
13.12 To the extent permitted by applicable law, LHWY and its affiliates’ total liability for any claims arising from or relating to the services is limited to the value of the purchase price and/or service fee paid by you to LHWY for access to and/or use of the services.
14 Force Majeure
14.1 LHWY shall not be regarded as being in default of the Terms and Conditions nor be liable to you in connection with any delay or failure on its part to perform any of its obligations hereunder where such performance of its obligations or attempts to cure any breach is delayed, hindered or prevented by reason or result of an act of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), pandemic, epidemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service or any other cause beyond the reasonable control of the Party (singularly, “Force Majeure Event” and collectively, “Force Majeure Events”).
15 Governing Jurisdiction
These Terms shall be governed by and construed in accordance with Singapore law. Any dispute arising out of the use or inability to use the Website and/or LHWY Services shall be subject to the non-exclusive jurisdiction of the Singapore courts.
TERMS AND CONDITIONS (LHWY TRAINING PROGRAMMES)
Application
The following terms form part of the Terms and shall – in addition to the contents of any agreement in writing signed/agreed by you – apply to govern the contractual relationship between you and LHWY when you purchase any of the training courses conducted or offered by LHWY.
LHWY and/or its appointed trainers or representatives (the “Trainer”) will provide training and/or coaching to you (the “Trainee”) on the subjects or topics chosen by you during training sessions attended by the Trainee (the “Training Sessions”). You accept such training from the Trainer subject to the terms and conditions herein.
The Training Sessions provided by the Trainer is in consideration of and subject to the Trainee’s unconditional and irrevocable acceptance and continued compliance of the terms and conditions herein.
Training Materials
For the purpose of this Agreement, the term “Training Materials” shall mean such information directly or indirectly disclosed or supplied in the course of or as a follow up on the Training Sessions, by or on behalf of the Trainer to the Trainee, or accessed or attained as a result of or in relation to the Training Sessions and all materials in any form whatsoever, furnished or created by the Trainer pursuant to, as part of or accompanying the Training Sessions and the Trainer’s performance during the Training Sessions and shall include all ideas and concepts behind and inherent in the Training Sessions including but not limited to, audio-visual presentations, oral presentations, coaching sessions, diagrams, illustrations, charts, power-point slides, checklists, templates, insurance sales know-how and skills, whether in writing or otherwise.
The Trainee acknowledges that the ownership of all Training Materials and any part thereof and in any information, materials or assets supplied by the Trainer to the Trainee in any form, medium or tangible manifestation (including the Training Sessions) are and will remain at all times vested in the Trainer.
For the avoidance of doubt, neither the Trainee’s purchase of the training courses offered by the Trainer nor the Terms grant any license of Intellectual Property Rights (as defined below) from
the Trainer to the Trainee whether directly or indirectly by the Trainer’s participation in the Training Sessions or by the Trainer’s use or disclosure of Training Materials or part thereof to the Trainee.
17.4 The Trainee agrees and hereby unconditionally and irrevocably undertakes that the Trainee shall use the Training Materials disclosed by the Trainer to the Trainee solely and only for the purpose of the Training Sessions and for no other purpose.
17.5 The Training Materials are provided to the Trainee alone (and not any other party howsoever related to the Trainee) and for purposes of training only and:
(a) are generic in nature and therefore cannot be relied upon by you as a solution suitable to meet your personal needs, circumstances and objectives;
(b) do not guarantee any positive result;
(c) do not purport to provide legal, financial, investment or other advice;
(d) does not advise or purport to recommend or advise you to purchase, sell or hold any
financial product; and
(e) are not research analyses or research reports concerning any investment product.
17.6 The Trainer assumes no responsibility for or make any representations, endorsements, or warranties whatsoever in relation to the timeliness, accuracy and completeness of the Training Materials or any services, content, information and/or data contained in any materials provided by us, any content providers or third parties (including Triple Win Pte Ltd). The Trainer accepts no responsibility for losses that may arise from your reliance upon the Training Materials.
17.7 Nothing in the Training Materials constitutes (i) advice or programme tailored to meet your specific personal needs or goals; (ii) a recommendation regarding the acquisition of, investment into or financing of any business, assets, liabilities or securities, (iii) a market or financial feasibility study, (iv) a financial forecast; or (v) an examination or compilation of your sales performance.
17.8 By downloading, using or collecting the Training Materials from the Trainer, enrolling in or attending at the Training Sessions, you agree that the Trainer, its employees, agents, officers, contractors and representatives are not and shall not be liable to you for any claims, liabilities, or expenses in any way arising out of or relating to the Training Materials or the Training Sessions. In no event shall the Trainer be liable for (a) direct losses in the nature of damages; and/or (b) consequential, special, indirect, incidental, punitive or exemplary loss, damage, cost or expenses (including, without limitation, lost profits and opportunity costs), relating to the Training Materials and the Training Sessions.
17.9 Save where otherwise expressly provided in writing, the Trainer makes no warranties or guarantees with respect to the accuracy and completeness of the Training Materials nor their suitability for and applicability to your personal circumstances.
18 Intellectual Property
18.1 The term “Intellectual Property Rights” shall mean all intellectual property rights and interests including without limitation:
(a) rights in and in relation to any copyright, design right, registered design right, patent, trademark, trade and business names (including all goodwill associated with any such name), moral rights, database rights, domain names, topography rights or any similar rights exercisable in any part of the world, including for the benefit of any applications to register and registrations of any of the foregoing items and all rights in the nature of any of the foregoing items for their full term (including any extensions or renewals thereof) wherever enforceable;
(b) rights in the nature of unfair competition rights and rights to sue for passing of;
(c) trade secrets; confidentiality and other proprietary rights including rights to know-how and
other technical information; and
(d) image rights or any such other comparable rights that exist in the world including the right
to use a person’s name, nickname, handwriting, slogan and signature (now existing and developed from time to time), image, likeness, logos, biographical information, voice and any other representations of a person.
18.2 The Trainee agrees that the Trainer owns and shall own all Intellectual Property Rights in the Training Materials.
19 Prohibition on Use
19.1 Except as otherwise provided in writing between LHWY and you, the Trainee acknowledges and agrees that the Trainee shall not, in respect of the Training Materials or any part thereof, do any of the following:
(a) copy, assign, transfer, sell, rent, lease, sublicense, redistribute, broadcast to third parties, circulate or share with third parties or otherwise furnish the same to any party in whole or in part;
(b) charge a fee to any party for access to or use;
(c) modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to
alter the Training Materials;
(d) make any modification, change, translation, addition, enhancement, extension, upgrade,
update or improvement;
(e) create for use any material based on –
i. the Training Materials or any identifiable portion of the Training Materials; or
ii. the Training Materials or any identifiable portion of the Training Materials as combined with any other new or pre-existing works; or
iii. any other work constituting a derivative of the Training Materials under applicable copyright laws.
(f) altering the Training Materials in any portion or use any portion of the Training Materials in connection with any other material or reproduce the Training Materials or create any tables or reports relating to the Training Materials; and
(g) combine the use of the Training Materials with the Trainee’s own ideas or concepts or any other third-party products or material.
20 Confidentiality
20.1 The Trainee undertakes with the Trainer that the Trainee shall: (a) receive and maintain the Training Materials in confidence; and (b) use the Trainee’s best endeavours to ensure that a high degree of care to protect the Training Materials from unauthorized use, duplication or disclosure.
20.2 The Trainee further undertakes that he shall not, and shall procure that his employees, agents or representatives or otherwise shall not, without the Trainer’s prior written consent, disclose, divulge, impart or reveal to any person or company the Training Materials, whether in whole or in part, and shall not use or attempt to use any Training Materials in any manner which may injure or cause loss either to the Trainer or the Trainer’s business or may be likely to do so.
20.3 The Trainee further acknowledges and agrees that it shall not disclose any Training Materials to any person, except if written consent of the Trainer has been obtained prior to such disclosure.
20.4 In the event of breach of the Terms by the Trainee, the Trainee hereby unconditionally and irrevocably undertakes that:
(a) the Trainee shall immediately on the request of the Trainer return or procure the return to the Trainer (or destruction as the Trainer may require) of any and all Training Materials together with all copies;
(b) if the Trainer should so require, the Trainee shall provide to the Trainer a signed confirmation or such other evidence as the Trainer may reasonably require duly signed or executed by the Trainee confirming that the Trainee has complied with all of his obligations under this Agreement as to return, destruction and deletion of Training Materials and media;
(c) the Trainee shall delete or procure the deletion of all electronic copies of Training Materials; and
(d) the Trainee shall make no further use of the Training Materials.
20.5 The Trainee ’s obligations under this Clause 20 shall extend to procuring the compliance of any employee, agent or representative of the Trainee who was in receipt of Training Materials.