Terms & Conditions of The PTI Group (The T & Cs) (v. 7)
Last updated: 8 March 2020
Thank you for letting us serve you. The PTI Group is glad to provide our products and services to you as our customers.
The Terms & Conditions of The PTI Group (The T & Cs) shall be applicable to your use of our website(s), any of our products &/or services (including but not limited to online pure distance learning courses (PDLCs), study materials, taking any of our online examinations (online exams) &/or other assessments, and where applicable, third party websites linked to or referenced from our website(s). The Terms & Conditions supersede all previous agreement(s) with you, whether oral or written, if any.
The T & Cs are subject to revisions from time to time at our sole and absolute discretion, and are deemed to have come to your notice from the time the revised version of The T & Cs is posted on our website(s):
By using the website(s) of The PTI Group &/or registering &/or using your User Account (User Account) &/or making purchases of &/or accessing our products &/or services, you agree to The T & Cs, and please read carefully.
The T & Cs form the primary agreement between you and The PTI Group. In addition to The T & Cs, “The Supplemental Terms & Conditions” (“The STCs”) are terms and conditions additional to, or supplemental to, or other than The T & Cs. The STCs collectively refers to policies, rules, regulations, guidance notes, notices, documents etc., and other terms and conditions in addition to or supplemental to, or other than The T & Cs etc. (as posted on The PTI Group`s website &/or communicated to you) entered into between you and The PTI Group, whether applicable generally or for a certain group(s) of Registered Users, and whether applicable to the whole website(s) or for certain part(s) of the website(s), and whether applicable to all or specific product(s) &/or service(s) of The PTI Group (including but not limited to PDLCs &/or online exams &/or other assessments, and whether relating to specific subject(s) or issue(s).
The STCs include but are not limited to our privacy policies. In addition, for PDLCs accredited &/or awarded by professional associations, universities, institutions or other organisations offered through or by us, the study materials, online exams, assessments etc. are governed by The Pure Distance Learning Courses Terms & Conditions (The PDLCTC), which is also one of the documents constituting The STCs. You undertake to visit our website(s) from time to time to make sure you have read the latest version of all of The Supplemental Terms & Conditions applicable to you.
The STCs are subject to revisions from time to time at the sole and absolute discretion of The PTI Group. By posting the updated version of the relevant document constituting The STCs on our website(s) (including posting on the Registered User area of our website(s) only) &/or notifying you of such revised version of the document by sending an email to your email address registered with us, it is deemed to have come to your notice. By using our website(s) &/or using your User Account &/or making purchases of &/or accessing the relevant products &/or services of The PTI Group, you agree to The STCs. In case of conflict between The T & Cs and The STCs, The STCs will prevail.
The T & Cs together with The STCs set forth the entire agreement between you and The PTI Group with respect to your using of our website(s) &/or your User Account &/or making purchases of &/or accessing &/or using any of our products &/or services.
1. Definitions
“We” refer to PTI Professional Development Limited (PTI), its parent cos, subsidiaries, associated cos, affiliated cos, assignees and successors of PTI etc., collectively “The PTI Group”.
“You”, “customer(s)”, “client(s)”, “candidate(s)”, “Student(s)”. “User(s)” and “Registered User(s)” refer to the same party, who visit(s) &/or use(s) our website(s), whether or not you have purchased products &/or services from or through The PTI Group, and irrespective of whether you have registered with us as a “User” or “Registered User”.
You represent and agree there is no partnership, joint venture, employment, or agency relationship between you and The PTI Group resulting from your use of our website(s) &/or Our Business Partners` (as defined below) websites &/or Our PDLCs Partners` (as defined below) websites &/or our products &/or services &/or products &/or services of Our Business Partners &/or Our PDLCs Partners &/or as a result of The T & Cs &/or The STCs. The PTI Group &/or Our Business Partners &/or Our PDLCs Partners owe no fiduciary obligations to you, in any way or in any form.
“PTI” refers to PTI Professional Development Limited, a company incorporated in Hong Kong.
“Data Products” mean the provision of data in our website(s) of both:
(i) One-off purchase of access rights to the data files (One-off Purchase Data Products), and
(ii) Subscription to access the relevant Data Product(s) (Subscription Data Products or Subscription Plans)
“Our Business Partners” refer to business partners and other partners collaborating with PTI &/or The PTI Group from time to time including both on an on-going basis and one-off basis, including but not limited to cos or organisations whose products &/or services are offered through or on our website(s).
“Our Pure Distance Learning Courses Partners” or “Our PDLCs Partners” collectively refer to professional associations, universities, institutions, or other entities collaborating with PTI &/or The PTI Group in providing pure distance learning courses, including but not limited to accreditation, validating course content &/or materials &/or certification of the relevant qualification, awarding the certificates etc.
“Pure Distance Learning Courses”, “Pure Distance Learning Programmes”, or “PDLCs” refer to courses and programmes offered online by or through PTI &/or The PTI Group in collaboration with Our PDLCs Partners through study materials, audio/video training materials or other means through the internet, without any face to face delivery of course content through lectures, tutorials, seminars, or group discussions, &/or physically conducting exams, tests or other assessments (except for purposes of assessing suitability for enrolment or any part of the course) by PTI &/or The PTI Group &/or any of Our PDLCs Partners, &/or any of our agents.
2.Eligibility
Except for corporate accounts, to be eligible to use our website(s) &/or register a User Account &/or use our products &/or services, you must be an individual person, except where your account is explicitly designated by PTI as Corporate Account. By registering a User Account &/or paying for any of our products &/or services, except for corporate accounts, you represent to us you are an individual person.
EXCEPT FOR CORPORATE ACCOUNT, IF YOU ARE NOT AN INDIVIDUAL PERSON &/OR IF YOU PROVIDE A FALSE IDENTITY, OR ANY FALSE OR MISLEADING INFORMATION, WE RESERVE OUR RIGHTS AT OUR SOLE AND ABSOLUTE DISCRETION WITHOUT NOTICE TO YOU TO REVOKE, &/OR CANCEL &/OR TERMINATE YOUR RIGHTS TO USE OUR WEBSITE(S) &/OR YOUR USER ACCOUNT &/OR OUR PRODUCTS &/OR SERVICES, AND PAYMENT MADE WILL BE FORFEITED.
3.Products/Services
The products & services we provide include but are not limited to:
• E-books/books published by PTI Group &/or other publishers,
• PDLCs (as defined below) accredited by professional associations, management schools, universities, institutions, organisations, or training cos and offered by or through PTI &/or The PTI Group,
• Online exams &/or other assessments,
• Study materials for PDLCs, online exams, & online courses,
• Data products,
• Consulting & research services,
• E-trainings,
• Face-to-face executive and trainings etc.
The products and services may be provided by PTI, any one or more of its parent cos, subsidiaries, associated or affiliated cos. You acknowledge and agree parent cos, subsidiaries, associated and affiliated cos of PTI will be entitled to provide the products &/or services to you.
3.1 E-books/Books
Your payment for any of our e-books represents payment for licence fee to read or access the e-book only, while payment for our books represent your rights to own the book in physical form only, but not electronic or other forms.
However, for both e-books and books, your payment does not entitle you to any ownership nor rights to print, copy, make any duplicate in whatever forms or formats or using whatever tools (including but not limited to electronically, &/or taking any pictures), record in whatever forms or formats or using whatever tools, modify, adapt, translate, reproduce, distribute, disseminate, sell, export, rent, lease, assign, transfer, licence, sub-licence, publish, or publicly display any of our e-books.
3.2 Pure Distance Learning Courses (PDLCs)
In general, our Pure Distance Learning Courses (PDLCs) are offered in collaboration with professional bodies, universities, institutions, organisations or other partners. Our PDLCs may consist of one or more online exams &/or other assessment(s).
Upon passing the required assessment(s), and fulfilment of qualification requirements (including but not limited to working experiences), a candidate would be awarded certificate issued by the relevant PDLC Partner. The certificate may be awarded by a professional body, university, institution, organisation, or entity with authorities to accredit and grant award authorised by a regulator, organization, or professional association etc.
3.3 Online Exams & Other Assessments
For our online exams & other assessments, an online exam/assessment may or may not be part of a PDLC. For each, in case there are more than one online exams &/or assessments, a candidate is subject to any restriction(s) on sequence of sitting for any specific online exam(s) &/or assessment(s). For online exams & quizzes, you agree it is usually held at pre-set date & time as determined at PTI’s sole & absolute discretion. For other assessments, you agree you are required to submit the assessment before deadline as determined at our sole & absolute discretion, & late submission may result in marks deduction &/or fail for that assessment.
3.4 Study Materials
Our study materials offered on the internet may be sold as separate items on standalone basis, or as an integral part of a PDLC &/or online exam/assessment.
Your payment for any of our study materials represents payment for licence fees to read or access our study materials only, and does not entitle you to any ownership nor rights to print, copy, save (except as explicitly allowed), make any duplicate in whatever forms or formats or using whatever tools (including electronically &/or taking any pictures), record in whatever forms or formats or using whatever tools, modify, adapt, translate, reproduce, distribute, disseminate, sell, export, rent, lease, assign, transfer, licence or sub-licence, publish, publicly display any of our study materials.
3.5 Consulting & Research Services
We offer consulting and research services on different topics. In addition to The T & Cs, and The STCs, in general, there would be a separate legal agreement governing each of our consulting &/or research engagement with clients.
3.6 E-trainings
E-trainings refer to customized plan of PDLCs, and both the content and details as well as access expiry period of the plan may vary for client to client, depending on the client’s requirements.
Each of our e-trainings may have different access period allowed. Your payment for any of our study materials represents payment for licence fees to access our e-training materials only, and does not entitle you to any ownership nor rights to print, save (except as allowed), copy, make any duplicate in whatever forms or formats or using whatever tools (including but not limited to electronically, &/or taking any pictures), record in any forms, formats or using any tools, modify, adapt, translate, reproduce, distribute, disseminate, sell, export, rent, lease, assign, transfer, licence or sub-licence, publish, publicly display any of our e-training materials.
3.7 Face-to-face trainings etc.
Our face-to-face trainings refer to executive and other trainings.
3.8 Data Products
(i) Our Database Products are available in two different forms:
(a) One-off purchases of access rights to the data files (One-off Purchase Data Products) and
(b) Subscription Data Products
Subscription Data Products are subscription to access the Data Products, as updated from time to time by us at a time determined at our sole discretion on ongoing basis during the subscription period. However, we make no representations, warranties or guarantees, whether express or implied, data update will be performed on a particular date, or number of days after the data is available to us. The subscription period may vary from Data Product to Data Product. Data contained under the Subscription Data Products may include future data only, or a combination of historical data and data available at future date(s) (Subscription Data Products).
(ii) Data Products – Purchase Price /Subscription Fees
For both One-off Data Products and Subscription Data Products, you undertake to pay for your subscription plan by making one single payment upfront.
(iii) Data Update & Period Available for Download
(a) One-off Purchase Data Products
One-off Purchase Data Products entail rights to access certain data as described in product description in our website(s) on “as is”, “as available”, “with all faults” basis. For One-off Purchase Data Products, the PTI Group has no responsibility or liability to update the data subsequent to purchase by customers.
ONE-OFF PURCHASE DATA PRODUCTS ARE USUALLY AVAILABLE FOR DOWNLOAD WITHIN 30 DAYS AFTER DATE OF PURCHASE, unless stated otherwise. You undertake and agree you have sole responsibilities to download the relevant Data Products prior to such expiry, and agree your access will end after the expiry.
(b) For Subscription Data Products
In case of Subscription Data Products, once payment has been made by you, you cannot cancel, transfer or assign your Subscription Data Product(s) or Subscription Plan(s) to any party, and you also can not change to another or other Subscription Data Product(s). Once payment has been made by you, refund will not be possible.
FOR SUBSCRIPTION DATA PRODUCTS, THE DATA IS USUALLY AVAILABLE FOR DOWNLOAD WITHIN A PERIOD OF 30 DAYS PLUS SUBSCRIPTION PERIOD, I.E. AN EXTRA 30 DAYS AFTER EXPIRY IS ALLOWED FOR DOWNLOAD. NEVERTHELESS, AFTER EXPIRY OF THE SUBSCRIPTION DATA PRODUCT, YOU AGREE WE HAVE NO OBLIGATION TO PERFORM ANY DATA UPDATE.
DURING SUBSCRIPTION PERIOD, YOU AGREE YOU WILL HAVE SOLE RESPONSIBILITY TO VISIT OUR WEBSITE(S) FROM TIME TO TIME TO CHECK WHETHER THE DATA HAS/HAVE BEEN UPDATED. You agree we have no liability nor responsibility to inform you for any update(s) made for data &/or other products &/or services.
You agree for both One-off Purchase Data Products and Subscription Data Products, The PTI Group reserves the rights at our sole and absolute discretion to change, revise or shorten availability period for data download &/or after expiry of the subscription plan, without any notice to you.
(iv) Subscription Period for Subscription Data Products
For Subscription Data Products, in counting the subscription period, you further agree your access to the Data Product will count continuously from date of purchase until end of relevant subscription period, i.e. no gap during subscription period, whether or not you have not logged in to your User Account &/or have downloaded any data during the subscription period.
Our data provided to you depends on availability of data from our data suppliers. Our Subscription Data Products may be affected if data covered by any of our Subscription Plan is no longer available from our data supplier(s). For each Subscription Data Product, you agree we reserve our rights at our sole and absolute discretion to withdraw, cancel, or cease providing, or modify data provided, or revise level of details for one or more of the data, or to withdraw or change subscription period. In cases we are unavailable to provide data for any of our Data Products which you have already paid for, we will arrange for refund on pro rata basis, based on unexpired subscription period.
(a) Renewal of Subscription
Your subscription will automatically expire at end of your subscription period. YOU ACKNOWLEDGE AND AGREE YOU ARE SOLELY RESPONSIBLE TO RENEW YOUR DATA PRODUCTS ON OR PRIOR TO EXPIRY. WE HAVE NO RESPONSIBILITY NOR LIABILITY TO REMIND YOU OF UPCOMING EXPIRY OR RENEWAL OF ANY SUBSCRIPTION DATA PRODUCTS SUBSCRIBED.
(b) Early Termination of Subscription
IN CASE OF SUBSCRIPTION, IF YOU CHOOSE TO TERMINATE YOUR SUBSCRIPTION PLAN(S) PRIOR TO END OF SUBSCRIPTION PERIOD, YOU ACKNOWLEDGE AND AGREE FEES &/OR ANY CHARGES PAID WILL BE FORFEITED, AND WILL NOT BE REFUNDED.
(v) Placing Your Order
You understand and acknowledge for some of our Data Products, both (i)One-off Purchase Data Products, as well as (ii)Subscription Data Products may also be available.
Detailed data contained, or period of subscription for each Data Product may vary from product to product. YOU UNDERTAKE SOLE RESPONSIBILITY TO EXAMINE PRODUCT DESCCRIPTIONS CAREFULLY BEFORE PLACING ORDER, AS REFUND IS NOT POSSIBLE ONCE PAYMENT HAS BEEN MADE.
For any of our products & services, in addition to The T & Cs, and The STCs, there may or may not be a separate legal agreement. In case there is a separate agreement and in the event of conflicts between either The T & Cs or The STCs, with the separate legal agreement, the legal agreement prevails.
4. User Account
In order to purchase our products &/or services, you are required to firstly register a user account (User Account), and you will be required to input your basic personal info. Once you have registered a User Account, you have become a User or Registered User. In addition, when you register &/or enrol for any of our PDLCs &/or online exams/assessment, you maybe required to provide additional personal info.
If you do not want to provide the required info when registering a User Account, &/or provide the additional info when registering &/or applying for &/or enrolling for a PDLC &/or online exam &/or assessment, The PTI Group reserves the rights to decline your purchase (including but not limited to registration &/or enrolment of PDLCs &/or online exams &/or assessments), as determined at our sole and absolute discretion, and our decision will be final and conclusive.
The User Account is a revocable, non-exclusive, non-transferable, non-licensable, non-sub-licensable, non-assignable licence The PTI Group grants to a Registered User, and such licence can be suspended, revoked or cancelled any time, as determined at our sole and absolute discretion, without any prior written notice to you &/or without any reason given.
If you want to cancel your User Account, you can email us. You agree once cancellation request is submitted, your User Account will be revoked, and terminated on permanent basis, and the cancellation will be irreversible, and would require re-registration if you want to become a User again.
You undertake you will be the sole owner of your User Account, and will not share or disclose your User Account login info or password to any other person &/or party. You further undertake you will not let or delegate any other person or party to operate your User Account.
YOU AGREE TO ACCEPT FULL RESPONSIBILITIES AND LIABILITIES FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR USER ACCOUNT OR PASSWORD, except for “Unauthorized Transactions”, as defined below.
(i) Sign Off
You undertake to sign off after using your User Account each time, as well as when you are away from computer, in order to prevent unauthorized access to your User Account.
(ii) Password Security
You also undertake to keep in safe and strictly confidential manner, and maintain adequate control and security of your User Account login info and password, and not to disclose your User Account info &/or password to any party. You undertake to take all reasonable measures to prevent and avoid any unauthorized person to access your User Account &/or password. In case of unauthorized access to your User Account, you undertake to inform The PTI Group immediately by informing us through email.
5.Payment for Fees and Charges
We currently only accept payment by credit card via the Pay Pal payment gateway. However, we reserve our rights at our sole and absolute discretion to accept or reject payment by a particular credit card &/or to decline your purchase, payment or ordering for any of our products &/or services (including but not limited to PDLCs, online exams, others assessments, study materials etc.) any time, without any reason(s) for decline and without any prior or other notice to you.
5.1 Payment Amount
The prices and fees quoted represent net amount to be received by The PTI Group, which exclude any fees or charges payable to any third party including but not limited to credit card cos, banks etc. In case any fee(s) &/or charge(s) is/are deducted by any third party from amount received or to be received by The PTI Group, The PTI Group reserves our right at our sole and absolute discretion by either increasing amount we charge, or by requiring reimbursement from our customers, as determined at our sole and absolute discretion.
Our prices quoted also exclude any tax payable to any tax authority of any country/jurisdiction. The PTI Group will not be responsible or liable for any tax liability relating to, due to or arising from purchase by customers of any of our products &/or services, &/or third party products &/or services. If The PTI Group has paid or is required to pay in advance &/or on your behalf, your agree that The PTI Group has rights to offset &/or gross up any amount received or receivable from you, and you undertake to reimburse The PTI Group for any tax amount paid or the shortfall after offset, as well as for all out-of-pocket expenses incurred, if any.
We will try our best to make sure prices stated in our website(s) are correct. However, if the price you have paid is lower than the actual price due to whatever reason(s), you will be required to pay the shortfall, and prior to receipt of the shortfall, we reserve our rights to suspend our products &/or services to you, to be determined at our sole and absolute discretion. You acknowledge and agree if you do not pay the shortfall within seven calendar days, it is deemed you have given up the rights to further use the relevant product(s) &/or service(s), and your rights to use such product(s) &/or service(s) will be terminated, and you further agree any amount paid will be forfeited by us and no refund will be possible.
5.2 Currency
We reserve our rights to determine at our sole and absolute discretion currency(ies) of payment acceptable to us. If you choose to pay in a currency different from your credit card or PayPal currency, or home currency, you agree the exchange rate will be determined by and as revised from time to time by us, at our sole and absolute discretion. In such cases, you understand and agree you may be subject to charges or fees of your bank, &/or credit card company &/or other service provider(s), and you undertake you will be solely responsible to pay such charges or fees.
5.3 Authorization
When you are making payment on our website(s), you will be diverted to the Pay Pal website for payment. By entering credit card, or Pay Pal, or other payment info, and confirming payment by clicking the relevant button, you authorize the credit card company, bank, or Pay Pal to pay us on non-refundable basis for price(s) &/or fee(s) for product(s) &/or service(s) you are purchasing or paying.
5.4 Review Sales Receipt After Each Transaction
After each purchase, a “Sales Receipt” will be emailed to your registered email account. You undertake to review each Sales Receipt to check whether information contained is authorized, accurate, complete and correct.
You undertake to notify us in case of any discrepancy(ies), error(s), or suspected unauthorized transaction(s) within 7 calendar days of receiving the Sales Receipt. You agree if The PTI Group does not receive your notification as mentioned within such period, the Sales Receipt will be deemed to be correct, accurate, final and conclusive, and you agree any request or enquiry from you for discrepancy, error or Unauthorised Transaction would not be handled by The PTI Group.
5.5 Liability for Invalidated Payments
When you make payment for any products &/or services of The PTI Group &/or of Our Business Partners, &/or Our PDLCs Partners on our website(s) or third party websites linked to or referenced from The PTI Group`s website(s), if your payment subsequently is invalidated by whatever reason(s) and whether by accident or not, if you have received the products &/or services, or the access rights to products &/or services, you undertake you will be solely and fully responsible for payment or any shortfall amount. You agree and undertake to pay and reimburse The PTI Group &/or Our Business Partner(s) &/or Our PDLCs Partner(s) for amount(s) due, together with any interests, fees, expenses, penalties, compensations and any other amounts payable arising from the invalidated transaction.
If such amount remains unpaid, for your next purchase, you agree The PTI Group will have priority to firstly deduct and set off any amount outstanding and due from you to The PTI Group &/or Our Business Partner(s) &/or Our PDLCs Partner(s).
5.6 Unauthorized Transactions
An “Unauthorized Transaction” is defined as a transaction IF AND ONLY IF ALL of the following conditions are fulfilled:
- You have not authorized, permitted, delegated, disclosed (whether or not intentionally, negligently, or due to fraud) or have not allowed anyone to use your User Account login ID (i.e. your email) &/or password to access your account; AND
- You do not obtain any benefit from such transaction; AND
- The Unauthorized Transaction(s) is/are not due to your unlawful, negligent, reckless, or improper action, AND
- You immediately notify The PTI Group by the earlier date of:
(a) Within 7 calendar days of the transaction date as shown in the ” Sales Receipt”, or
(b) The time you are aware of such Unauthorized Transaction(s), or
(c) The time you suspect or are aware of someone has obtained your User Account login information &/or password which is NOT due to your intentional or negligent disclosure (due to whatever reason(s)) AND - You have fulfilled your obligations regarding Unauthorised Transactions in accordance with relevant provisions of The T & Cs.
If ONE OR MORE OF THE ABOVE REQUIREMENTS/CONDITIONS OF “UNAUTHORIZED TRANSACTION” IS/ARE NOT FULFILLED, YOU WILL BE HELD FULLY RESPONSIBLE AND LIABLE FOR SUCH TRANSACTION(S), AND FOR CLAIMS, COMPENSATIONS, FEES, DAMAGES, ANY FINES, ACCRUED INTERESTS, AND AMOUNTS PAYABLE ARISING FROM OR AS A RESULT OF SUCH TRANSACTION(S).
The PTI Group reserves our rights at our sole and absolute discretion to decide whether or not a transaction is an Unauthorized Transaction &/or whether any error(s) has/have occurred. You agree such decision(s) made by The PTI Group is/are final and conclusive.
For Unauthorised Transactions, you undertake to co-operate with The PTI Group to supply the information as required by The PTI Group for investigations, including your login activities etc.
6. Access to User Account & Our Products &/or Services
Your payment for our products &/or services (including but not limited to Data Products, books/e-book(s), PDLCs, study materials, e-trainings etc.) represents licence fee in return for our granting you a limited, non-exclusive, non-licensable, non-sub-licensable, non-transferable, non-assignable licence to access our product(s) &/or service(s) for your personal and non-commercial use only. For online exams and assessments, your payment for the registration and enrolment fees represents rights to sit for an online exam &/or assessments only. IN ANY CASE, YOUR PAYMENT DOES NOT, IN WHATEVER WAYS, REPRESENT YOUR OWNERSHIP OF ANY PART OF OR IN ANY WAY OUR PRODUCTS &/OR SERVICES.
YOU ACKNOWLEDGE AND AGREE OWNERSHIP OF THE INTELLECTUAL PROPERTY RIGHTS, LEGAL TITLES, AND INTERESTS OF ANY PART OF OUR WEBSITE(S), PRODUCTS, SERVICES (INCLUDING BUT NOT LIMITED TO OUR PDLCS, ONLINE EXAMS, ASSESSMENTS, STUDY MATERIALS, E-BOOKS/BOOKS ETC.) AND IT’S CONTENT BELONG TO THE PTI GROUP AND REMAIN WITH THE PTI GROUP, except where the copyright belongs to a third party.
You acknowledge and agree the license for our products &/or services granted to you does not allow you to print (except as allowed by us &/or the relevant copyright owner), save (except as allowed by us &/or the relevant copyright owner), copy, take any picture, record in any form, format or using any tool, make any duplicate in any form, format or using any tool, modify, adapt, translate, reproduce, distribute, disseminate, sell, resell, export, rent, lease, assign, transfer, licence or sub-licence, publish, publicly display any content of our products &/or services (including but not limited to our books/e-books, study materials for PDLCs, online exams, assessments).
Some of the documents, e-training/face-to-face training materials, study materials etc. (including but not limited to those relating to our PDLCs, online exams, assessments) are third parties documents, materials, information, or articles on our website(s) or third-party websites linked to or referenced from our website(s), which are subject to terms and conditions of the relevant third party, as well as the relevant intellectual property laws. By using such documents, study materials, training, e-training materials, info, articles or materials etc. of third parties, you agree to comply with and abide by all applicable terms and conditions of relevant third party as well as relevant intellectual property laws, including but not limited to copyright, permission to use, trademarks etc. YOU AGREE YOU HAVE SOLE RESPONSIBILITIES AND LIABILITIES TO READ, UNDERSTAND AND COMPLY WITH THE TERMS AND CONDITIONS, TERMS OF USE, COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS OF WEBSITES, DOCUMENTS, MATERIALS, INFO OF THIRD PARTIES, AND THE RELEVANT LAWS, RULES AND REGULATIONS. IN ADDITION, YOU HAVE SOLE RESPONSIBILITES AND LIABILITIES (INCLUDING BUT NOT LIMITED TO CLAIMS, DAMAGES, LOSSES, EXPENSES ETC.) IF YOU BREACH ANY TERMS AND CONDITIONS &/OR TERMS OF USE &/OR COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS OF WEBSITES, DOCUMENTS, MATERIALS, INFORMATION OF THIRD PARTIES, &/OR LAWS, RULES AND REGULATIONS ETC. OF THE RELEVANT JURISICTION(S).
7. Refunds and Cancellation
FOR ANY OF OUR PRODUCTS &/OR SERVICES, YOU UNDERTAKE TO READ DESCRIPTION(S) OF THE PRODUCT(S) &/OR SERVICE(S) CAREFULLY, PRIOR TO MAKING ANY PAYMENT. YOU ALSO UNDERSTAND AND AGREE ANY AMOUNT PAID FOR ANY OF OUR PRODUCTS &/OR SERVICES WILL NOT BE REFUNDABLE, UNLESS AND ONLY IF EXPLICITLY ALLOWED.
8. Reviews and Comments on Our Products &/or Services
You or any visitor of our website(s) may submit reviews, comments, suggestions etc. on our products &/or services, whether or not electronically, such as posting on our website(s), in written form or by other means. You represent to The PTI Group that any opinions, comments, reviews, suggestions etc. submitted by you are your original opinion and do not violate any copyright or intellectual property rights of any person, company, association or any third party of any relevant country/jurisdiction.
The PTI Group &/or Our Business Partners &/or Our PDLCs Partners do not make any representations, warranties, or guarantees, whether express or implied, or endorse any contents, information, products and services, or use of products or services, websites, communications, messages, opinions, comments, reviews, suggestions, recommendations or advice etc. posted on our website(s), &/or websites of Our Business Partners, &/or of Our PDLCs Partners, including accuracy, relevance, timeliness, completeness, usefulness, reliability, intellectual property rights, speed, timeliness, promptness, continuity of access, or free from errors, mistakes, omissions, interruptions, viruses, harm or damage to your computers, IT systems, networks, or data, or are up-to-date, or any other issue.
You also understand and acknowledge you may be exposed to risks or potential risks of inaccurate, incomplete, indecent, offensive, defamatory, or objectionable opinions, comments, reviews, suggestions, recommendations, advice, risks of viruses or damage to your computers, IT systems, networks or data etc.
For your comments, reviews, suggestions posted on websites of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners, you grant The PTI Group, Our Business Partners, Our PDLCs Partners an irrevocable, worldwide, non-exclusive, transferable, assignable, licensable, sub-licensable, fully paid-up, royalty-free, perpetual rights and license to use, print, save, copy, take pictures, make duplicate copies (without any restrictions on forms, formats, means or tools), modify, adapt, translate, reproduce, distribute, disseminate, sell, re-sell, rent, lease, publish, publicly display, through any means of communication or media, including but not limited to electronic, whether or not used for marketing, promotion or advertisements of our products &/our services or not, all on royalty-free basis.
You agree not to post any opinions, comments, reviews, suggestions, recommendations or advice etc. on our website(s) &/or any third party websites linked to or referenced from our website(s) which are illegal, threatening, defamatory, obscene, infringing privacy for us, Our Business Partners, Our PDLCs Partners, or any party, or infringing intellectual property rights of The PTI Group or any party, or are injurious to any party or are objectionable.
You undertake opinions, comments, reviews, suggestions, recommendations or advice etc. sent to The PTI Group will not cause or contain any software viruses, political content, for marketing purposes of any third party product, co, entity, or association etc., or is not a chain letter, or “spam”.
9. Privacy Policy
By providing your personal information at the time of registering a User Account, and where applicable, the additional personal info when registering &/or enrolling for any of our PDLCs &/or online exams /assessments respectively, you permit us to use your personal data collected in accordance with our PRIVACY POLICY STATEMENT (“PPS”), and the relevant PERSONAL INFORMATION COLLECTION STATEMENT (“PICS”).
We value privacy of our customers, and endeavour to safeguard confidentiality and privacy of our customers. Except with your prior written consent, we will not transfer your personal info to any third party, unless as mandated by laws &/or obligated to do so by investigation or government authorities, or courts of the relevant country/jurisdiction, and you hereby give us your consent for us to do so. We may use your personal data for direct marketing of our products &/or products of third parties, as described in the relevant PICS, but in doing so, PTI will send marketing communications directly, and none of your personal data will be transferred to any third party.
10. Protection of Intellectual Property
You acknowledge and agree all legal rights, titles and interests on website(s), products and services of The PTI Group are owned by The PTI Group, except where copyright belongs to a third party and such use by The PTI Group is under permission granted by copyright owner, or as allowed by the copyright owner. For any of our products, services and website(s), its contents and any part thereof, including logos, data, information, trademarks, page headers, graphics, designs, icons, photographs etc., you undertake not to use, print (except allowed by us), save, copy, take any picture, make any duplicate in any form, format, means, or using any tool, record in any form, format, means or using any tool, modify, adapt, translate, reproduce, download, imitate, distribute, disseminate, sell, re-sell, export, rent, lease, assign, transfer, licence or sub-licence, publish, publicly display, reverse engineer or handle in any way including but not limited to for commercial, or non-commercial use, whether electronically, or through hardcopies or by other means, without prior written consent of The PTI Group.
All rights not expressly granted to you in The T & Cs &/or The STCs are reserved and retained by The PTI Group, or in case of a third party website, by Our Business Partner(s) or Our PDLCs Partner(s) or by the relevant third party(ies). NO PART OF ANY OF THE LOGOS, TRADEMARKS, HEADERS, GRAPHICS, DESIGNS, ICONS, PHOTOGRAPHS ETC. OR ANY CONTENT OF OUR WEBSITE(S) &/OR OUR PRODUCTS &/OR SERVICES CAN BE USED WITHOUT WRITTEN PERMISSION BY US OR BY THE RELEVANT OWNER OF THE COPYRIGHT OR INTELLECTUAL PROPERTY.
Our Business Partners`, Our PDLCs Partners` or any third parties` websites linked to or referenced from The PTI Group website(s) are subject to the license(s) and the terms and conditions of the relevant partner or third party which owns the relevant websites &/or products &/or services etc., as well as the relevant intellectual property laws and other laws, rules and regulations etc. of the relevant country(ies) or jurisdiction(s). You agree you will observe and will not violate in any way the relevant intellectual property rights, copyright laws, and the applicable laws of the relevant country(ies)/jurisdiction(s).
11. Your Undertakings
By visiting our website(s) &/or using your User Account &/or accessing any our products &/or services &/or registering &/or applying for &/or enrolling for any of our PDLCs &/or online exams &/or other assessments etc., you agree to accept full risks and sole responsibilities in doing so. In addition, you undertake that:
• Except for Corporate Account, you will restrict to your own personal non-commercial use only your User Account, our products &/or services, including but not limited to PDLCs, online exams, other assessments, study materials etc., and undertake not to share such rights to use our products &/or services with any party;
• You will keep confidential and not to disclose to any party, &/or let anyone use your log-in info &/or password for your User Account, and will take reasonable measures to restrict access to your computer and to prevent unauthorized access to your User Account;
• You will provide personal info which are true, accurate, current and complete for User Account registration, and if relevant, for registration &/or enrolment for any one or more of PDLCs, online exams and assessments;
• You will keep your personal data in your User Account up-to-date, and perform necessary update yourself in your User Account, if necessary;
• You will check regularly your login and email accounts registered with us, including correspondences and notices sent or posted by The PTI Group from time to time;
• YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ALL ACTIVITIES UNDER YOUR USER ACCOUNT, INCLUDING BUT NOT LIMITED TO FEES &/OR PRICES &/OR CHARGES FOR OUR PRODUCTS &/OR SERVICES PURCHASED OR ORDERED &/OR PDLCS, ONLINE EXAMS AND ASSESSMENTS REGISTERED &/OR ENROLLED, unless for Unauthorized Transaction(s) and for which, you undertake to fulfil the relevant requirements according to The T & Cs;
• After you have discovered, you will immediately report to us any Unauthorized Transaction, suspected Unauthorized Transactions, and whether any disclosure (whether intentional or due to negligence) by you to other party(ies) of your User Account info, if any;
• In case of Subscription Data Products, you undertake to keep track of renewal due date and you will have sole responsibilities to renew the subscription on or prior to subscription expiry;
• You will protect intellectual property, business interests, and personal safety of The PTI Group, Our Business Partners, and Our PDLCs Partners, and the respective parent cos, subsidiaries, associated cos, affiliated cos, their respective shareholders, directors, management, faculties (where relevant), committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors;
• YOU WILL NOT ENGAGE IN ANY ACTIVITY(IES) WHICH MAY OR WILL INFRINGE COPYRIGHT, INTELLECTUAL PROPERTY RIGHTS, PATENTS, TRADEMARKS, TRADE SECRETS ETC. OF THE PTI GROUP &/OR ANY OF OUR BUSINESS PARTNER(S) &/OR ANY OF OUR PDLCS PARTNERS &/OR ANY THIRD PARTY(IES).
• You will be fully liable and responsible and hold harmless PTI, its parent cos, subsidiaries, associated cos, affiliated cos, Our Business Partners, and Our PDLCs Partners, and The PTI Group`s as well as Our Business Partners`, and Our PDLCs Partners` respective parent cos, subsidiaries, associated cos, affiliated cos, their respective shareholders, directors, management, faculties (where relevant), committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors for any loss (whether actual, consequential or potential), reduced profits, loss of profits, claims, compensation, fees, expenses, and any amount payable or paid arising from, whether directly or indirectly, your infringement of our intellectual property rights or intellectual property rights of any party.
• You will not sell, re-sell, export, rent, lease, disclose, assign, transfer, licence, sub-licence, publish or publicly display (whether or not on internet) your User Account or User Accounts of other Users, your rights of access to our products &/or our services without our prior written consent;
• You will keep your computer in a safe and protected manner, including virus protection and firewalls etc. You agree we have no responsibilities, in whatever ways or howsoever arising, for proper functioning, and security of your computer, data, databases, servers or any IT systems against viruses or any other related issues;
• You undertake to comply with all relevant laws, rules and regulations of the relevant country/jurisdiction, The T & Cs, and The STCs.
12. Availability of Our Website(s), Products and Services
While we will try our best endeavour to ensure our website(s), products and services are available to you any time (except for some products &/or services where deadlines apply). However, we cannot guarantee, and do not make any representations or warranties, whether express or implied, and we will not take any responsibilities or liabilities access to our website(s) &/or our products, &/or our services will be available to you all the time, since there may be factors outside our control, such as unexpected power outage, interruptions to our IT server(s), or any other factors beyond our control.
It may be necessary to interrupt Users` access to our website(s) &/or our products &/or our servers sometimes in order to upgrade or maintain our computers, systems, databases, servers, networks etc. We make no representations or warranties, whether express or implied, or guarantees we will inform you in advance for any interruption of any of our website(s) &/or products &/or services.
13. Online Conduct
You agree you are solely responsible and liable for your use of our website(s) &/or your User Account &/or our products &/or services &/or websites of Our Business Partners &/or Our PDLCs Partners, communications, messages, comments, suggestions, recommendations, advice submitted to, published, communicated, distributed to, or posted on The PTI Group`s website(s) &/or Our Business Partners` &/or Our PDLCs Partners` &/or third parties` websites.
Except as allowed by us or the relevant intellectual property owner, you further agree not to copy, print, save, take any picture, record in any form, format or using any tool, make any duplicate in any form, format or using any tool, modify, adapt, translate, reproduce, download, imitate, sell, re-sell, export, rent, lease, assign, transfer, licence, sub-licence, publish, disclose, or destroy any part or any content of website(s) of The PTI Group, Our Business Partners, Our PDLCs Partners, including but not limited to the PDLCs, study materials, exam papers of our online exams/assessments, trainings and e-trainings.
IN USING WEBSITES OF US, OUR BUSINESS PARTNERS &/OR OUR PDLCS PARTNERS, YOU UNDERTAKE AND AGREE TO COMPLY WITH THE T & Cs, THE STCs (WHICH INCLUDE ALL OTHER POLICIES, RULES, AND REQUIREMENTS ETC. OF THE PTI GROUP), AS WELL AS ALL LAWS, RULES, AND REGULATIONS OF THE RELEVANT COUNTRY(IES) OR JURISDICTION(S), INCLUDING BUT NOT LIMITED TO LAWS RELATING TO INTELLECTUAL PROPERTIES, COPYRIGHT LAWS, INTERENT LAWS ETC.
You undertake not to engage in any of the misconduct activities below:
• Posting, or communicating info, comments, advice, suggestions, recommendations etc. which are inaccurate, misleading, or malicious, or infringes intellectual property rights, copyrights or trademarks of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners &/or third parties;
• Attempting to &/or engaging in any activities or posting any form of communications, info, comments, advice, suggestions which are offensive, obscene, pornographic, defamatory, indecent, profane, or illegal, or with intention to harass or threaten any party;
• Attempting to &/or engaging in any activities relating to illegal activities &/or fraudulent activities;
• Make any attempt to impersonate, falsify, or misrepresent your identity &/or age &/or providing any info which is intentionally misleading, false or deceptive, including but not limited to when registering an User Account, &/or registering &/or enrolling for our PDLCs &/or an online exams &/or assessment &/or purchasing our other products &/or services;
• Conducting any activity to interrupt, interfere, damage, disrupt, circumvent, impair, disable, destroy, remove, intercept, or cause any slowdown, overload of any of The PTI Group`s &/or Our Business Partners` &/or Our PDLCs Partners` websites, computers, systems, networks, databases, security of website(s), products &/or services &/or processing of payments of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners, or any third party;
• Making any attempt to spread computer viruses, trojans, worms, malwares, time bombs, spywares, or any software(s) or any files that may cause interruption, slowdown, damage, disruption, data interception to websites, databases, computer systems, networks, servers, equipment or properties of The PTI Group, &/or Our Business Partners, &/or Our PDLCs Partners, &/or any third party;
• Engaging in any activity to disturb, interfere with another User &/or candidate`s &/or any person`s use and of our website(s), &/or to obtain or attempt to obtain unauthorised access (including but not limited to hacking), &/or intercept any data, password from or relating to our websites, computers, databases, servers, systems, networks or User Accounts;
• Using your User Account &/or our website(s) &/or website(s) of Our Business Partner(s) &/or PDLC Partners for commercial, advertising or marketing activities relating to third party products, unless with written consent by The PTI Group;
• Using your User Account &/or our website(s) of Our Business Partner(s) &/or Our PDLCs Partner(s) for political activities;
• Being abusive, or rude to any person or party;
• Undertaking any activity determined at our sole and absolute discretion as improper, indecent, dishonest, unethical, inappropriate, or is deemed to be a restricted activity as defined below.
IF YOU COMMIT ANY OF THE MISCONDUCT ACTIVITIES, THE PTI GROUP RESERVES THE RIGHTS AT OUR SOLE AND ABSOLUTE DISCRETION WITHOUT ANY NOTICE TO YOU TO IMMEDIATELY REVOKE AND TERMINATE YOUR USER ACCOUNT &/OR YOUR ACCESS TO OUR PRODUCTS &/OR SERVICES YOU HAVE PURCHASED &/OR SUBSCRIBED TO &/OR YOUR RIGHTS TO USE OUR WEBSITE(S). ANY AMOUNT PAID WILL BE FORFEITED AND WILL NOT BE REFUNDED. YOU AGREE YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY OF THE MISCONDUCT ACTIVITIES YOU HAVE COMMITTED, INCLUDING BREACH OF LAWS ETC. THE PTI GROUP, OUR BUSINESS PARTNERS, OUR PDLCS PARTNERS, AND OUR RESPECTIVE DIRECTORS, STAFF, MANAGEMENT, REPRESENTATIVES, AGENTS EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY MISCONDUCT ACTIVITY(IES) COMMITTED BY YOU.
14. Restricted Activities
IN RELATION TO YOUR USING OUR WEBSITE(S), ANY OF OUR PRODUCTS, SERVICES OR IN YOUR COMMUNICATIONS WITH THE PTI GROUP ETC., YOU UNDERTAKE YOU WILL NOT:
(a) Engage in any activities which are illegal, or violate any laws, statutes, ordinances, or regulations etc. of the relevant country/jurisdiction;
(b) Breach any rules, by-laws or policies of any professional bodies, &/or universities, &/or institutions &/or organisations;
(c) Breach any of The T & Cs &/or The STCs;
(d) Use any User Account &/or our website(s) &/or products &/or services of The PTI Group &/or websites of Our Business Partners &/or Our PDLCs Partners &/or third party websites linked to or referenced from The PTI Group`s website(s) in a way that results in or may result in litigations, fines, penalties, disputes, claims, fees, expenses and incur any other liabilities for one or more of PTI, parent cos, subsidiaries, associated cos, affiliated cos, and the respective directors, management, faculties (where relevant), committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, or agents, or any third party;
(e) Act in a way that is defamatory, libellous, threatening, slandering, harassing, derogatory or in any way damaging reputation of The PTI Group, Our Business Partners, Our PDLCs Partners, The PTI Group`s and their respective directors, management, faculties (where relevant), committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, successors, or any third parties;
(f) Post on website(s) of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners, spread, disseminate, publish, or distribute any info which may be inappropriate, indecent, malicious, defamatory, obscene, tortious, offensive, vulgar, profane, immoral, pornographic, infringing, unlawful;
(g) Engage in any activity to copy, duplicate, take picture(s), imitate, reproduce, or make any duplicate copy in any way, disclose to any party, whether by electronic or other means, any content or any part of our products &/or services (including but not limited to our Data Products, books, e-books, and training materials, PDLCs, study materials, online exam / assessment papers and answer scripts (including but not limited to your answers of our online exams and assessments) &/or websites of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners;
(h) SELL, EXPORT, RESELL, SHARE, RENT, LEASE, LICENSE, SUB-LICENSE, DISTRIBUTE, DISSEMINATE, DISCLOSE, TRANSFER, PUBLISH, PUBLICLY DISPLAY, OR ASSIGN OUR PRODUCTS &/OR SERVICES WITHOUT OUR PRIOR WRITTEN CONSENT;
(i) Allow any person(s) to operate your User Account &/or password;
(j) Disclose, collect, distribute personal info of another or other User(s), or use other Users` User Account;
(k) ENGAGE IN ANY ACTIVITY, WHETHER BY ELECTRONIC OR OTHER MEANS, TO PRINT (EXCEPT ALLOWED), SAVE (EXCEPT ALLOWED), COPY, TAKE ANY PICTURE, MAKE ANY DUPLICATE IN ANY FORM, FORMAT, MEANS, OR USING ANY TOOL, RECORD IN ANY FORM, FORMAT, MEANS OR USING ANY TOOL, MODIFY, ADAPT, TRANSLATE, REPRODUCE, DOWNLOAD, IMITATE, DISCLOSE, DISTRIBUTE, DISSEMINATE, SELL, RE-SELL, EXPORT, RENT, LEASE, ASSIGN, TRANSFER, LICENCE OR SUB-LICENCE, PUBLISH, PUBLICLY DISPLAY, REVERSE ENGINEER YOUR RIGHTS OF ACCESS TO YOUR USER ACCOUNT (INCLUDING YOUR USER ACCOUNT INFORMATION AND PASSWORD), ANY LOGOS, TRADEMARKS, HEADERS, GRAPHICS, DESIGNS, ICONS, PHOTOGRAPHS, DATA, INFO ETC. OR ANY CONTENT OF OUR WEBSITE(S), &/OR OUR PRODUCTS, OUR SERVICES, INCLUDING BUT NOT LIMITED TO OUR DATA PRODUCTS, BOOKS, E-BOOKS, AND TRAINING MATERIALS, STUDY MATERIALS, PDLCS, ONLINE EXAM/ASSESSMENT PAPERS AND ANSWER SCRIPTS (INCLUDING BUT NOT LIMITED TO YOUR ANSWERS) ETC., UNLESS WE &/OR, IF APPLICABLE, THE RELEVANT OWNER OF THE COPYRIGHT OR INTELLECTUAL PROPERTY HAS/HAVE PROVIDED PRIOR WRITTEN CONSENT;
(l) Infringe in any other ways copyright, intellectual property rights, patents, trademarks, trade secrets etc. of The PTI Group, Our Business Partners, Our PDLCs Partners, or any third parties etc.;
(m) Extracting data/info on our website(s), or to populate databases for internal or external business use, without our prior written consent;
(n) CONTROL AN USER ACCOUNT WHICH IS LINKED TO ANOTHER USER ACCOUNT WHICH HAS PURSUED ANY RESTRICTED ACTIVITIES LISTED ABOVE.
IF YOU COMMIT ANY OF THE RESTRICTED ACTIVITIES, THE PTI GROUP RESERVES THE RIGHTS AT OUR SOLE AND ABSOLUTE DISCRETION WITHOUT ANY NOTICE TO YOU TO REVOKE AND TERMINATE YOUR USER ACCOUNT &/OR YOUR ACCESS TO OUR PRODUCTS &/OR SERVICES YOU HAVE PURCHASED &/OR SUBSCRIBED TO &/OR YOUR RIGHTS TO USE OUR WEBSITE(S). ANY AMOUNT PAID WILL BE FORFEITED. YOU AGREE YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY OF THE RESTRICTED ACTIVITIES YOU HAVE COMMITTED, INCLUDING BREACH OF LAWS ETC. THE PTI GROUP, OUR BUSINESS PARTNERS, OUR PDLCS PARTNERS, AND OUR RESPECTIVE, DIRECTORS, ADVISORY & OTHER COMMITTEES MEMBERS STAFF, OFFICERS, MANAGEMENT, PROFESSORS, INSTRUCTORS, TUTORS, REPRESENTATIVES, CONTRACTORS, SUPPLIERS, AGENTS, ASSIGNEES, AND SUCCESSORS EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY RESTRICTED ACTIVITY(IES) COMMITTED BY YOU.
15. Rights to Monitor, Review and Record Activities
For security reasons, The PTI Group reserves the rights and at our sole and absolute discretion to view, review, monitor and record activities on our website(s) without notice or consent from you, including but not limited to logging in to User Account, sitting for online exams/assessments, and other activities etc.
If it is compulsory, obligated or mandated to provide such records of our viewing, reviewing or monitoring etc. to regulatory, investigation authorities, or courts, you agree we will have no liabilities to you for any consequences, penalties, losses (whether direct, indirect, incidental, special, actual, potential or consequential), damages (whether foreseeable or unforeseeable, direct, indirect, punitive, special, exemplary or incidental, damages relating to expected savings or other intangible losses etc.), claims, liabilities, losses of present profits, losses of potential profits or reduced profits, losses of business, compensations, actions, demands, damage of reputation, claims for defamation, errors, intellectual property rights, expenses, fees (including but not limited to legal liabilities), or costs incurred, reimbursements, investments, commitments, or any amounts payable, of whatever kind and nature, in connection with &/or arising thereupon.
16. Disclaimers
The products and services of The PTI Group, including but not limited to PDLCs, online exams, assessments, study materials, e-books, books, Data Products, trainings, e-trainings are provided on “as is”, “as available”, “with all faults” basis.
We expressly exclude all representations, warranties, whether express or implied, and guarantees (including The PTI Group and each of our co`s respective directors, management, committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors), as to the products, services and website(s) of The PTI Group, of Our Business Partners, of Our PDLCs Partners, and any third party websites linked to or referenced from our website(s) for merchantability, fitness for particular purposes or uses, usefulness, relevance, qualities, standards, accuracy, completeness, reliability, timeliness, speed, promptness, continuity of access, availability, intellectual property rights, non-infringement, results, value or benefits that may be obtained or can be expected, or that any of our products and services (including but not limited to our PDLCs, online exams and assessments) are current, or free from errors, mistakes, omissions, viruses, or causing any harm &/or damage to your IT systems or data.
You expressly agree you use, access or download of materials, data, information, our products &/or services, your User Account, and websites of The PTI Group &/or Our Business Partners &/or Our PDLCs Partners &/or third parties AT YOUR OWN RISKS, AND POTENTIAL RISKS, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OF DATA, DAMAGE TO YOUR COMPUTERS, DATA, DATABASES, SERVERS, IT SYSTEMS, OR OTHER EQUIPMENTS OR PROPERTIES OF YOU.
We (including The PTI Group and each of our co`s respective directors, management, committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors) also do not make any representations, warranties (whether express or implied), or guarantee, or endorse any contents, info, products and services, or use of products or services, websites and content of any third party, including websites of Our Business Partners, and of Our PDLCs Partners. YOU WILL BE USING SUCH THIRD PARTY WEBSITES LINKED TO OR REFERENCED FROM WEBSITE(S) OF THE PTI GROUP AT YOUR OWN RISKS AND POTENTIAL RISKS.
The PTI Group &/or Our Business Partners &/or Our PDLCs Partners expressly disclaim any liabilities or responsibilities for any opinions, comments, reviews, suggestions, recommendations, suggestions, advice etc. posted on our website(s) &/or Our Business Partners` websites &/or Our PDLCs Partners` websites, including any consequences, and any losses &/or expenses (whether direct, consequential or potential) incurred.
The PTI Group &/or Our Business Partners &/or Our PDLCs Partners also expressly disclaim any liabilities or responsibilities for reviewing, screening, monitoring, removing and approving any opinions, comments, reviews, suggestions, recommendations, advice posted on our website(s), &/or Our Business Partners &/or Our PDLCs Partners, including any liabilities, responsibilities or losses (whether direct, consequential or potential) relating to or due to or arising from accuracy, relevance, timeliness, completeness, usefulness, reliability, intellectual property rights, speed, timeliness, promptness, continuity of access, or errors, mistakes, omissions, interruptions, viruses, harm or damage to your computers, IT systems, networks, or data, or are up-to-date, or potential risks of indecent, offensive, defamatory, or objectionable opinions, comments, reviews, suggestions, recommendations, advice etc. The PTI Group &/or Our Business Partners &/or Our PDLCs Partners further disclaim any liabilities or responsibilities relating to, arising from, or as a result of your reliance &/or use of such opinions, comments, reviews, suggestions, recommendations, advice etc. YOU AGREE TO WAIVE ANY LEGAL OR EQUITABLE REMEDIES OR RIGHTS AGAINST THE PTI GROUP, &/OR OUR BUSINESS PARTNERS &/OR OUR PDLCS PARTNERS IN ANY OF SUCH CASES.
The PTI Group (including The PTI Group and each of our co`s respective directors, management, committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors) also make no representations, warranties, whether express or implied, or guarantee we &/or Our Business Partners &/or Our PDLCs Partners will continue to make available any part of or any content of our website(s), &/or products &/or services.
While we endeavour to maintain a secure and reliable website, however, we make no representations, warranties (whether express or implied), or guarantees for any confidentiality of communications, info or other materials sent to &/or from website(s) &/or emails of PTI &/or any of Our Business Partners, &/or any of Our PDLCs Partners.
You agree respective directors, management, committee members, staff, officers, deans, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors of PTI, our Business Partners, Our PDLCs Partners will not have any responsibility or liability for security of data, interruptions, disruptions, omissions, or failure to extract, store, transmit, retrieve or access data, communications, info, or materials sent through internet, hosting services, or network, accuracy and completeness of info contained in our website(s) &/or websites of Our Business Partners &/or Our PDLCs Partners, or for consequences of any reliance on such communications, info or material, or interruptions, or suspensions of website(s) &/or products &/or services, delay, loss, unavailability, or any sort of failure in providing products &/or services, including but not limited to sitting for online exams and assessments, access to any of the study materials, whether published by The PTI Group, or study materials on websites linked to or referenced from our website(s).
17. Limitation of Our Liability
For all our products and services, we will provide our products and services to you using reasonable skill and care. However, we are not responsible and also will not have any liabilities for ensuring our products, services and website(s) will be compatible with your computers, equipment, software or data. It is also technically impractical to guarantee all or any of our products, &/or services are free of faults, omissions, errors or viruses, any destructive properties or will not be contaminating. You undertake and agree that you will be solely responsible for any damage to your computers, equipment, servers, database, or IT system or loss of data, resulting from or due to your use of products &/or services of The PTI Group, Our Business Partners, &/or Our PDLCs Partners.
The PTI Group strives to provide good quality services to you as far as possible. However, in some occasions, there may be issues beyond our control, and in such events, we will not be held responsible or liable in any case.
We (including The PTI Group and each of our co`s respective directors, management, committee members, staff, officers, deans, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors) further exclude liabilities, in all cases, including but not limited to cases arising from or in connection with the following cases, for losses (whether direct, indirect, incidental, special, actual, potential or consequential), damages (whether foreseeable or unforeseeable, direct, indirect, punitive, special, exemplary or incidental, damages relating to expected savings or other intangible losses etc.), claims, liabilities, loss of present profits, loss of potential profit or reduced profits, loss of business, compensations, actions, consequences, demands, damage of reputation, claims for defamation, errors, intellectual property rights, interruptions, unavailability, or loss of any part of our products &/or services &/or website(s), expenses, fees (including but not limited to legal liabilities), or costs incurred, reimbursements, investments, commitments, or any amount payable, of whatever kind and nature, in connection with &/or arising from the following, whether The PTI Group &/or any of Our Business Partners &/or Our PDLCs Partners has or have been negligent, due to tort, or otherwise at fault:
- Your use of our website(s) &/or websites of Our Business Partners &/or websites of Our PDLCs Partners &/or third party websites linked to or referenced from our website(s);
• Your use of our products &/or services, including but not limited to Data Products, books, e-books, e-trainings, PDLCs, study materials, sitting for our online exams, assessments, saving, or submitting you exam &/or assessment answer script etc.;
• Failure to access or use our website(s), or any of our products or services, or any of your personal data (including but not limited to personal data provided to us for User Account registration, or registration of PDLCs, online exams, or assessment), or any info contained in our website(s), or third party websites linked to or referenced from our website(s) etc.;
• Unauthorized access &/or alteration of data, content or any of our products &/or services &/or website(s);
• Other matters or actions by you &/or any third party relating to our website(s) &/or our products &/or our services;
• For any non-successful cases in achieving saving in cost of capital, borrowing, funding costs &/or to raise equity, loans or other forms of funding &/or raising equity, loans, other forms of funding of a size smaller than originally planned, &/or do or does not succeed or not approved by one or more bank(s) eventually, in connection with, as a result of, arising from, or due to you having based on or relied on any data, information, materials, any content of our e-books, books, PDLCs, study materials, online exams or assessments questions, training materials, or any other materials on or used in connection with our website(s) &/or our products &/or services &/or websites of Our Business Partners &/or Our PDLCs Partners or websites of third parties linked to or referenced from our website(s);
• System maintenance, back-up, upgrade of website(s), databases, servers, computers, networks, systems or equipment of The PTI Group &/or our Business Partners &/or Our PDLCs Partners, or, internet traffic, or other events or reasons relating to IT systems, networks or database, whether within or beyond our control, and whether foreseen or unforeseen;
• Power supply outage; or
• Loss of, inaccurate or omission of data or info, whether or not by negligence;
• Virus attack;
• Misuse, abuse or accidents by you or any third party;
• Failure to perform our obligations, or make available to you our products &/or our services, including force majeure events, or acts of God etc.; and
• Claims of third party, if any;
• Any other incidences or matters outside our control;
• Any other damages, or claims due to or in connection with other reasons whatsoever etc.
The above list of exclusions of our liabilities refer to circumstances howsoever arising, and, whether or not caused by tort, including negligence, our breach of The T & Cs, our fault, any matters outside our &/or Our Business Partners` &/or Our PDLCs Partners` control, or due to whatever reasons, and even if foreseeable.
The PTI Group, Our Business Partners, and Our PDLC Partners (including each of our respective co’s directors, management, committee members, staff, officers, deans, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors also exclude our liabilities that we may be obligated to disclose or transfer any info, including info relating to you, in response to &/or as required by laws, legally issued notices, requests of government authorities &/or law enforcement agencies &/or investigation authorities &/or courts of the relevant country(ies)/jurisdiction(s).
IF, IN ANY CASE, WE (including The PTI Group, Our Business Partners, and Our PDLC Partners, and each of our co`s respective directors, management, committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors) ARE HELD TO HAVE ANY LIABILITY TO YOU FOR ANY LOSS, CLAIM, DAMAGE ETC., YOU AGREE THAT OUR LIABILITY IN ALL CIRCUMSTANCES SHALL NOT EXCEED THE AMOUNT &/OR FEE(S) YOU HAVE PAID US FOR PRODUCT(S) &/OR SERVICE(S) RELEVANT TO OUR LIABILITIES.
You undertake you must endeavour on best-effort basis to mitigate any actual or potential loss, damages, claims, costs, fees, expenses etc. whatsoever and however arising. Nothing in The T & Cs, or The STCs shall relieve or be deemed to relieve our customers of such responsibility to mitigate such loss, damages, claims, costs, fees, expenses etc.
18. Indemnity
You undertake to defend, indemnify, reimburse, and hold harmless PTI, Our Business Partners and Our PDLCs Partners and PTI`s and the respective parent cos, subsidiaries, associated cos, affiliated cos, directors, management, faculties (if relevant), committee members, staff, officers, deans, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors in full amount against any party`s claims, loss, damages (whether actual or consequential), liabilities (including but not limited to legal liabilities), actions, demands, costs, expenses, including but not limited to those arising from lawsuits, legal fees etc., of every kind and nature, resulting from, relating to or in connection with your use of our website(s) &/or any of our products &/or services &/or your use of websites of Our Business Partners, &/or websites of Our PDLCs Partners, &/or your breach of The T & Cs, or any of The STCs &/or due to any of your breach of laws, regulations or rules etc. of any relevant jurisdictions &/or misconduct, improper or illegal activities by you.
You will also fully indemnify and be held liable to us (including The PTI Group and each of our co`s respective directors, management, committee members, staff, officers, professors, instructors, tutors, representatives, contractors, suppliers, agents, assignees, and successors) for all our losses (whether direct, indirect, incidental, special, actual, potential or consequential), damages (whether foreseeable or unforeseeable, direct, indirect, punitive, special, exemplary or incidental, damages relating to expected savings or other intangible losses etc.), claims, liabilities, losses of present profits, losses of potential profits or reduced profits, losses of business, compensations, actions, consequences, demands, damage of reputation, claims for defamation, errors, intellectual property rights, loss &/or unavailability &/or interruption of any of our products, services, and any part of our website(s), expenses, fees (including but not limited to legal liabilities), or costs incurred, reimbursements, investments, commitments, or any amounts payable, of whatever kind and nature, in connection with &/or arising from your such action(s), if you sell, re-sell, export, rent, lease, disclose, assign, transfer, licence, sub-licence, publish or publicly display (whether or not on internet) your rights to use your User Account &/or any content of our products &/or services, whether or not The PTI Group &/or Our Business Partners &/or Our PDLCs Partners has or have been negligent or otherwise at fault.
If any part of The T & Cs &/or The STCs is found to be invalid, your obligations under this indemnity will not be affected. In addition, if in any event of termination of The T & Cs &/or The STCs, your obligations under this indemnity will continue, until all monies have been paid in full by you.
19. General
19.1 Rights to Revise Fees and Charges
We reserve our rights at our sole and absolute discretion to revise prices &/or fees &/or charges, including but not limited to subscription fees &/or online exam &/or assessment &/or registration &/or enrolment fees any time for any of our products &/or services without any notice to you.
Any change in the prices &/or fees &/or charges become effective immediately from the time the revised price(s) &/or fee(s) &/or charge(s) is/are indicated or displayed on our website(s). By being posted on our website(s), such revised price(s) &/or fee(s) &/or charge(s) is or are deemed to have come to your attention, and shall become effective immediately.
19.2 Notices to You
Notices will be sent to you by email to email address you have provided at User Account registration etc., or by directly posting such notice(s) on our website(s), and the choice of media of communication to you is to be determined by us at our sole and absolute discretion. If sent by email, you will be deemed to have received notice at the time the email is sent. If by directly posting on our website(s), such communication shall be deemed to have come to your notice from the time the communication is posted on our website(s), and will be effective immediately, unless stated otherwise.
19.3 Rights to Revise Our website(s), Products and Service Offerings
The PTI Group reserves our rights at our sole and absolute discretion, without any notice to you, to change, revise, modify, cancel, revoke, terminate any of our products &/or services offerings or any part thereof, &/or any content, presentations, designs and arrangements of our website(s) &/or User Accounts &/or our products &/or services &/or third party websites linked to or referenced from The PTI Group`s website(s).
19.4 Rights to Suspend Password for Unauthorized or Illegal Use
If we reasonably believe an User Account login info &/or password is or are being used in any way which is not permitted by us &/for any illegal purposes &/or is forged &/or fake, we reserve our rights to suspend, cancel, and terminate the User Account &/or password determined at our sole and absolute discretion without any notice to you, and our decision will be final and conclusive.
19.5 Assignment and Waiver of Our Rights
Failure on our part to exercise or enforce any rights, terms, conditions, or warranties of The T & Cs, &/or The STCs shall not represent a waiver or deemed waiver of our rights, terms, conditions or warranties.
In the event you breach any of The T & Cs, &/or The STCs, under no circumstance will we be regarded as having relinquished any of our rights, unless we have provided consent to such waiver of our rights in writing signed by duly authorized officer(s) of The PTI Group. Even if the event we agree to waive one of our rights under The T & Cs, and The STCs, that does not mean we have generally relinquished that right. If we do not exercise a right, or are slow in doing so, that also does not mean we have relinquished that right.
We may transfer or assign all or any part of our rights and obligations under The T & Cs, and The STCs to any one or more of our parent cos, subsidiaries, associated cos, affiliated cos, Our Business Partners, Our PDLCs Partners, other related party(ies), or third party(ies). This shall not affect validity of The T & Cs, and The STCs, your obligations, or liabilities under The T & Cs, and The STCs.
20. Amendments of The T & Cs and Cancellation
We reserve the rights at our sole and absolute discretion to revise in any way any part of The T & Cs &/or any document constituting The STCs any time without any notice to you.
From the time the revised version of The T & Cs &/or The STCs is/are posted on website(s) of The PTI Group, such revised version of the document(s) is or are deemed to have come to your attention, and shall be binding on you immediately.
You agree that in case you violate any of The T & Cs &/or The STCs, as updated and amended by The PTI Group from time to time, The PTI Group has sole and absolute discretion without any prior notice to you to immediately and at our sole and absolute discretion, to suspend, cancel, and terminate your User Account, your rights to use our products &/or services, cancellation of your rights to sit for the online exams &/or assessments &/or your online exam results will become void &/or other disciplinary actions as determined by The PTI Group at our sole and absolute discretion.
21. Severability
Any part of THE TERMS AND CONDITIONS, &/or The STCs subsequently found to be void, unenforceable or illegal will not render the remaining part of THE TERMS AND CONDITIONS &/or The STCs invalid, and in such case, the remaining part of THE TERMS AND CONDITIONS &/or The STCs shall remain valid and enforceable.
22. Survival in Case of User Account Termination
You expressly agree that in case of revocation, termination of your rights to use or to access our website(s) &/or any of our products &/or services, &/or suspension &/or termination of your User Account &/or your rights to sit for any of our online exams &/or assessments &/or any of your online exam &/or assessment results has been determined as void at our sole and absolute discretion, &/or rights to use websites of Our Business Partners &/or of Our PDLCs Partners, all of The T & Cs, and The STCs shall survive, and you shall not be relieved of any of your obligations, responsibilities and liabilities.
The T & Cs, and The STCs will be binding on the assignees, heirs, executors, affiliates, agents, personal representatives, administrators, trustees, and successors, where relevant, of you and The PTI Group.
23. Governing Laws
The T & Cs, The STCs, and any other agreements between you and us, including but not limited to those governing use of website(s) &/or products &/or services of The PTI Group are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR).