Terms and Conditions (Version 1.0 dated Nov 21 2020)
These terms and conditions apply to e-learning Services provided by LMS ELearning (company registration number 53393515J) of Singapore (“LMSE” or “we” or “us”).
You may contact LMSE at firstname.lastname@example.org.
These terms and conditions apply to the sale of any Online Course by LMSE.
Please read these terms and conditions carefully before purchasing an Online Course. You might want to print out a hardcopy for reference as the terms and conditions are subjected to revisions from time to time. The past copies, if they exist, can be viewed here.
For any material changes to the Terms and Conditions, the current Students shall be given two weeks’ advance notice by LMSE.
For purchases via our website, by clicking on the “Order” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions, you must cease to continue to purchase any Online Courses from us.
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, the information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by LMSE to accompany a course provided as part of the Services in hard copy or electronic form.
“Fees” means the fees paid by you to LMSE for the Services.
“Instructor” means the teacher in LMSE.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by us of an online course pursuant to which you learn a course remotely.
“Services” means the provision of the Online Course and/or the Course Materials and/or online teaching support together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means lemandarinschool.com.
“you” means the individual purchasing the Services which is referred to as Student on the Website.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. We reserve the right to vary or withdraw any of the Services described on the Website without notice.
2.3. We expect you to confirm that the Services you are purchasing will meet your needs. We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
2.4. All the Online Courses have a fixed expiry date and so potential Student needs to beware of such condition. You will see the expiry date on the pages of every lesson, topic and quiz. You can access the item “My Course Progress” to check on the start date and expiry date of your Online Course.
2.5. Once the student has completed the Final Quiz in the Online Courses, he/she is deemed to have completed the Online Course and his/her access to the Online Course will be terminated.
3. Purchasing Services
3.1. In order to purchase any of the Services online you must first make payment. Once the payment has been successfully received by us, you will then be notified by an email to register for an account with us.
3.2. When you place an order for a Service or Services via the Website, you are offering to purchase the Service(s) on these terms and conditions. LMSE reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.3. Following the receipt by us of your order for Services via the Website we will contact you via email confirming the receipt of your order. The Student will be asked to create the login credentials so as to access the Website.
3.4. Once your login account has been approved by the LMSE, you will be informed via email that you can start your Online Course now. The start date of your Online Course is indicated by the email sent date.
3.5. A legally binding agreement between us and you shall come into existence when we have:
- accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
- received payment of the relevant Fees from you in accordance with clause 5 below.
4. Cancellation and Variation
4.1. As some sample lessons are available on the Website for potential customers to determine the quality of the Online Course, a refund policy is not practiced by LMSE.
4.2 For offers such as a trial that includes free access to Lesson One, the potential student who signs up for such offers will not be eligible for refund after they have decided to enroll in the course eventually. This is because the trial is at least seven days and the student is able to make an informed decision that the Online Course does meet his/her expectations before commit for it.
4.3. In general, there is no other right to cancel or vary your purchase of Services and any other cancellation and / or variation of course dates will be at the entire discretion of LMSE.
5.1. The Fees for the Services shall be as set out on the Website.
5.2. Unless otherwise specified at the time you purchase the Services, the Fees are exclusive of VAT or other local taxes. It is inclusive of course materials which are downloadable.
5.3. Fees for the Service selected by you on the Website shall be debited from your credit / debit card or Online Payment channels such as Paypal at the time of purchase. Fees must be paid in full prior to you accessing any Online Course.
5.5. Any fees charged by your debit or credit card provider or any Online Payment channels such as Paypal in connection with your purchase of Services are for your own account and LMSE shall not be responsible any dispute arising from such transactions.
5.6. You shall be responsible for all costs you incur in connection with your access onto any Online Course.
5.7 Note that the currency denomination for the fees are usually in U.S. dollars but LMSE offers the equivalent payment in Euro and Singapore Dollar. The details can be found in the “How Do I Pay?” section under the “Course Info & FAQ” page of the top menu bar of the Website.
6. Website Decorum & Security
6.1. As the philosophy of LMSE is to have an Online Community of Learning for its students, the Website has a social learning environment where students are encouraged to participate actively in forums and learn from each other.
6.2. However, as in any Internet space, a certain decorum is expected of you so that there is an enjoyable experience for the Online Community of Learning. The Website Decorum is applicable to any electronic text exchanges including posts on chatroom, activity feed, forum, messaging, emailing etc and includes but not restricted to the following:
- Do not make offensive posts/comments/emails/messages including but not restricted to the usual offensive types that pertaining to racial, religious, political, sexual, abusive, rudeness etc.
- Do not write post/email/message or anything that are bullying and harassing in nature towards others including the instructor, Forum Coordinator and other Students.
- Adhere to the good practice described on the published Best Practice so that we have a conducive learning environment. If there is a substantial feedback from other students that you have repeatedly violated the best practice and the evidence proves so, then you will be barred from accessing the Online Course temporarily by the Instructor for the first offense. Recalcitrant Student shall be deemed to violate clause 9.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Online Courses including its downloadable materials made by LMSE are, and remain, the intellectual property of LMSE, whether adapted, written for or customised.
7.2. You are not authorised to:
- copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
- record on video or audio tape, relay by videophone or other means of the Online Course
- use the Course Materials in the provision of any other course or training whether given by us or any third-party trainer;
- remove any copyright or other notice of LMSE on the Course Materials;
- modify, adapt, merge, translate, disassemble, de-compile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
- share the online access with other people who are not authorised to access the Online Course
Breach by you of this clause 7.2 shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses. There shall not be any refund in terminating your access to Online Course under such circumstances.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive license to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
8.1. Each party shall keep the other party’s Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions.
8.2. You shall not disclose any information gathered from LMSE or other students without the prior approval from them.
8.3. LMSE shall remove all the Student’s data from the website and database once he/she has completed the Online Course.
8.4. This clause shall continue notwithstanding termination of these terms and conditions.
9.1. We shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
- act in an aggressive, bullying, offensive, threatening or harassing manner towards the Instructor who teaches the Online Course or any Student who attends the Online Course;
- cheat or plagiarise any work like quiz, assignment etc which you are required to prepare or submit in connection with the Services;
- involve in cyber crimes such as phishing, hacking, spreading hate and inciting terrorism etc on the Website;
- violate Website decorum as per clause 6 despite repeated warnings from the Instructor or Coordinator. You shall be barred from accessing the Online Course initially for the offense and if there is proof that you still persist in such anti-decorum behaviour after being barred initially, then your access to the Online Course will be terminated immediately. LMSE is not reliable for any refund for Online Course in such case;
- any of the above situations is in breach of these terms and conditions.
9.2. On termination, clause 7 (intellectual property rights), 8 (confidentiality) and 10 (restrictions) shall continue notwithstanding such termination.
Any Services provided by us under these terms and conditions are personal to you and cannot be transferred or assigned to any other person. One such example is you are not allowed to share your login account with others.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer and Course Specific Terms and Conditions are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any prior representations in entering into these and any other terms and conditions with us. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
LMSE shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, failure to provide a course caused by a death in the Instructor’s family, illness of the trainer, Government edict or regulation.
13. Data Protection & Internet Security
13.1. The nature of the Services provided by us means that we will obtain, use and disclose (together “Use”) certain information about you (“Data”). This statement sets out the principles governing our Use of Data. By purchasing the Services, you agree to this Use.
13.2. When you register with us you will need to provide certain Data such as your contact details. We will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the course.
13.3. To access the Website, the Student can choose to register with the Website for a system account or use his/her social media profile amongst the authorised social media profiles made available on the Website. The Student is responsible for adopting a good password management regime and he/she shall adopt best practices in data security such as not sharing the account information with others, updating the password regularly etc.
13.4 To enable us to trouble-shoot technical problems and to prevent misuse of the user account, we gather certain technical details of the Student’s login session such as your operating system, browser version, domain name, IP address etc.
13.5. Because the Website uses the WordPress platform and software running on this platform, there are cookies created by these IT products by default for faster performances, login purpose etc. Such cookies are created through your web browser’s interaction with the Website and no malicious software are being created during such process.
13.6. LMSE endeavours to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting online over the internet and will not hold us responsible for any breach of security.
13.7. As a safeguard, your personal data and course data will be deleted once you have completed or withdrawn from the course except for certain courses like Basic Conversational Mandarin in Pinyin 1 (BCMIP1) which are prerequisites for other courses. For courses such as BCMIP1, there is a period of three months for such data to be present in the IT system so that the Student can proceed to sign up for related course. Once the three-month expiry period is lapsed & the Student fails to sign up for the related course, the personal data and course data shall be deleted.
14. Law and Jurisdiction
This Agreement is subject to Singapore law and the parties submit to the exclusive jurisdiction of the Singapore courts in connection with any dispute hereunder.