QMCU Website Terms and Conditions
Website Content Usage
- You acknowledge that all content on our website is either owned or licensed by us and any changes the content, terms and conditions or policies pertaining to the Website may occur, without notice from time to time.
- You agree not to utilise any of the content on our website for commercial purposes, for example utilising the content on our website or our website in itself to generate revenue.
- You are able to share our website and the content therein on the proviso that you credit our website and company as being the source of the shared content.
- You acknowledge we are not responsible for any viruses, spam, ransomware or any form of online threat which you may be directed to from our website.
- You agree not to utilise software for the purposes of content scraping on our website.
- As a regulated entity, we comply with all applicable Privacy and Data Protection laws. For more information, please refer to our Privacy Policy.
Course Registration
- You acknowledge that should a course have a fee, you must pay the fee, and the fee must be received by us as cleared funds, prior to the start of the course in order to be able to participate. We have the sole discretion to waive this requirement at our own unfettered volition.
- Please note that some courses may be bound by its own respective eligibility or terms of use policies. Should you not meet the requirements of those courses, you may not be eligible to participate.
- Content made available to you on this website is for personal learning purposes only, you are prohibited from using the content or disseminating the content, without our expressed approval, for any reason whatsoever.
- If the facility permits, you may be able to curate content and publish on our website where permitted. You acknowledge that notwithstanding ownership of such content remains yours, you grant us the exclusive license to utilise the content, in any way we deem. You warrant that the content you publish is free from any copyright claim and you indemnify us from any claim and any resulting liability which may be incurred as a result of the utilisation of your content under the licence.
- All of the rights of the content provided by us on our website does not assign to you except as provided in these terms.
Contractual Provisions
The terms and conditions outlined below (“Terms”) are applicable to the usage of the service, materials and content on our website as a student (“Student”) or any other person accessing this website (“Viewer”). Should you not agree to these terms, you must stop utilising our Website and the courses herein immediately.
- About
(a) All references to “we” or “us” or “our” refer to Quantum Metal Corporate Academy Pte Ltd (QMCU), incorporated in the United Kingdom (Company No. 13519971), with the registered address of Level 18, 40 Bank Street, Canary Wharf, London, United Kingdom, E14 5NR.
(b) All references to “you” are references to you as a Student or Viewer.
- Website Usage
(a) Through the usage of this Website and accessing any of the content (Content) or online courses therein (Courses), you acknowledge that you have read these Terms and any associated terms or policies and agree that any failure by you to adhere to the Terms will result in a breach. Should a breach occur, we reserve our right to pursue legal action. Inaction on our part does not constitute a waiver for such breach.
(b) You agree to be bound by the following terms of use (Usage Terms):
(i) To utilise the Website, the Content or Courses for lawful purposes only and to not, in any way, commit conduct which would cause, intentionally or not, damage to our reputation and cause our standing to come under disrepute.
(ii) Not to distribute, modify, alter all or any portion of the Content or Courses without our permission in writing.
(iii) To use the Website in accordance with any guidance published by us (such as the requirement to use certain browsers only).
(iv) To not do anything which would circumvent the use or operation of Website features, such as security features, other than its intended use applicable to you specifically or generally, pertaining to the Website, Content or Courses.
(iv) Not to intentionally cause harm to the Website or do anything which may interfere with the safe usage of the Website, Content and Courses by Viewers and Students including but not limited to affecting the use of our servers, hacking or phishing activities.
(v) Not to use the Website, Content or Courses for any commercial use, without our expressed written consent including but not limited to the unauthorised sale of the Courses or any associated content.
(vi) Not to do the following in relation to any Viewer or Student:
(a) Solicitation of their content for any commercial gain or purposes, directly or indirectly;
(b) Solicitation of custom for any commercial gain or purposes, directly or indirectly;
(c) Unauthorised sale of access to the Content or Courses;
(d) Infringe on the rights of third parties or interfere with their usage of the Website as intended by us;
(e) Ask, solicit, collect or harvest any personal data; or
(f) Do anything which would result in the dissemination or transmission of marketing material for commercial and non commercial purposes such as, inter alia. spamming, calls to action, chain letters;
(vii) Not to reproduce, broadcast, copy, exploit or create derivatives of the Content and the Courses without our expressed written consent.
(viii) Not to misuse the identity of any Viewer or Student when accessing the Website, Content or Courses including but not limited to utilising identity masking techniques when transmitting data.
(ix) Not to access or attempt to access any other Account created on the Website.
(c) Notwithstanding the care we place in the content we curate, you agree that we are not responsible, legally or otherwise, for any content access that you may find to be incorrect, offensive or objectionable.
(d) You acknowledge we have the sole discretion in granting or restricting access to any part or all of the Website, the Content and Courses to you and such access may be changed from time to time without prior notice to you.
(e) You agree that you will take responsibility for any breach of the Terms, including but not limited to the actions taken by your account which amounted to such breach.
- User Accounts
(a) Any Viewer is able to access the website, but in order to utilise the Website to its full potential, Viewers may have to create an account. To create an account, you must complete the registration process as described on the Website which will require you to provide personal information (Personal Information). Once registered, you will have access to an account (Account) which you will be able to access with a login and password.
(b) You agree not to provide the login and password to any third party for any reason whatsoever.
(c) You warrant that all the information provided by you before and after the creation of your Account is true and accurate and you undertake to ensure that your Personal Information is accurate and up to date at all times.
(d) By registering an Account with us, you agree:
(i) Not to set up multiple Accounts on the Website;
(ii) Allow others to access and use your Account;
(iii) Not to sell access, without our authorisation to the Content or Courses;
(iv) To inform us of any Viewer or Student that breaches the Terms once you are aware of such knowledge; and
(v) Consent to receiving electronic alerts which may be sent by email, SMS or Push Notifications. Those alerts include the following, but not limited to:
(a) Welcome message;
(b) Email verification requirement;
(c) General update emails from QMCU.
Students can request changes to alerts/notifications including unsubscribing from alerts by contacting QMCU at [email protected]. Whilst we endeavour to provide information as soon as possible, we take no responsibility of any delayed information.
- Licence
As long as you remain compliant with the Terms, we grant you with a revocable, non exclusive, non transferable and limited license for you to use, individually, for the purposes of accessing, downloading (where applicable) and participating in the Courses. You also agree to abide by any copyright notices or restrictions contained within the Website, Content and Courses. You must not remove any legal attributions of the aforementioned and always refer to them when referencing any content contained therein.
- Student Generated Content
(a) As part of your participation in the Courses you may be permitted to generate content (SGC). As such, you agree to grant us with a non exclusive, non revocable perpetual world wide licence to use and distribute or repurpose the content for any purpose related to QMCU and at our sole discretion. Such licence does not confer ownership rights in the SGC.
(b) We have the right to remove SGC at our sole discretion without notice to you
(c) You warrant that:
(i) You have the necessary rights and licences to contribute the SGC;
(ii) The SGC is accurate to the best of your knowledge;
(iii) The SGC does not infringe, to the best of your knowledge, any third party rights;
(iv) The SGC is not a fraudulent statement or a misrepresentation of any kind;
(v) All content posted will be relevant to the Course; and
(vi) The SGC does not breach any laws where QMCU is based or in the country where the data was originally transmitted from.
(d) In utilising any facility provided for communication by us, you agree that:
(i) All SGC communicated does not constitute an endorsement of such statements or representations;
(ii) SGC will be vetted intermittently and therefore you acknowledge that not all SGC is vetted or vetted immediately;
(iii) All communication is of a public nature and can be viewed by any Student;
(iv) The communication used to facilitate the SGC may change from time to time without notification to you; and
(v) Records of SGC are held at the discretion of QMCU and is stored and removed at its own discretion in accordance with these Terms and our Privacy Policy.
- Fees
(a) Should a Course or access to Content require a fee to be paid (Fee), you acknowledge that you may not be able to access Content or participate in a Course until the Fee has been paid and receipt of the funds have cleared.
(b) We may introduce fees by providing prior notice to Students and those fees may be amended time to time by QMCU at its sole discretion.
- Trademarks and Intellectual Property
(a) Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of the Website are copyrights, trademarks and/or other intellectual properties owned, controlled or licensed by the Website. The Website as a whole is protected by copyright, all worldwide rights, titles and interests in and to which are owned by QMCU.
(b) All other trademarks, service marks, product names and company names or logos appearing on the Website are the property of their respective owners. Any use of such trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of the owner of same, is strictly prohibited.
(c) The materials on the Website, and the Website as a whole, are intended solely for personal, non-commercial use by you. You may download or copy the downloadable materials displayed on the Website for your personal use only.
(d) No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the materials on the App/Website, the App/Website as a whole, or any related software without the prior written permission of QMCU.
- Notice
(a) Any notice, request, demand or other communication may be sent to your postal, facsimile or electronic address last notified to us and the notice, request, demand or other communication shall be taken to have been received by you:
(i) When sent by email, it will be treated as received when it enters your information system;
(ii) When sent by postal address, it will be treated as having been received on the second business day after posting; or
(iii) When faxed to your facsimile number, it will be treated as received when it is transmitted.
- Termination
(a) QMCU may terminate this Agreement with immediate effect by written notice on its Website.
(b) QMCU is entitled to refuse registration, terminate or suspend Student registration or refuse to permit a Student to invest in any Issuer at its sole discretion.
(c) You may terminate your Account at any time by providing us with notice via email at info@ qmcorporateuniversity.com.
(d) If your Account registration was terminated or suspended after you have made an application to participate in a Course, and you are still able to participate in said Course, you will continue to be bound by the Terms and any additional terms and conditions associated with the Course.
(e) If QMCU terminates this Agreement or blocks your use of its Website for future use, QMCU may, in accordance to its refund policy, refund monies held on your Account in compliance with the Terms and subject to applicable laws.
(f) Upon termination of your Account, you will not be entitled to:
(i) view any Student only available Content; and
(ii) participate in any of the Courses.
Your obligations and liabilities will be released arising after such date of termination except for those obligations that survive termination as set out in this Agreement. For avoidance of doubt, you will not be relieved from any liability resulting from any breach of this Agreement happened prior to termination.
- Dispute Resolution
(a) In the event of a dispute, in the absence of evidence to the contrary, QMCU’s records of electronic or telephone correspondence records shall be definite proof of the email, internet or telephone (as the case may be) contact information between QMCU and the Student.
(b) Dispute resolution will be conducted in the exclusive jurisdiction of the United Kingdom.
- Legal Compliance
You shall use the Website for lawful purposes only. You shall not transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to the Website for any breach of this provision or any other provision of this Agreement.
- Disclaimer of Liability
(a) You acknowledge and agree that use of the Website is at your sole risk. The Website is not warranted to be error free or uninterrupted, and there is no warranty as to the results obtained through use of the Website. This site and all contents of the app are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(b) You acknowledge and agree that, by your use of the Website, that your use of the Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the Website, and that we shall not be liable for any damages of any kind related to your use of the and Website.
(c) We shall not be liable for:
(i) indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages.
(ii) any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of QMCU.
(iii) unauthorised access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users’ network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.
These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy.
(d) You agree that, to the maximum extent permitted by law, we disclaim liability for all loss or damage arising as a result of being a Student or Viewer, using the Website accessing information expressly or implicitly made or given by us, notwithstanding any error or omission, including negligence.
(e) The provisions of this clause will survive any transaction completed with you and any change or elimination of this Agreement and/or the Website.
- Confidentiality
(a) Each Party agrees to ensure that the Confidential Information of the other party (Disclosing Party) is kept confidential; notwithstanding the terms of our privacy policy.
(b) Is there is a discrepancy between this clause and our privacy policy, our privacy policy will take precedence.
(c) A party who receives the Disclosing Party’s Confidential Information (Receiving Party) must not, without the express prior written consent of the Disclosing Party:
(i) directly or indirectly divulge or communicate or otherwise disclose the Confidential Information of the Disclosing Party, in whole or part, to any third party; or
(ii) use any of the Confidential Information of the Disclosing Party for any purpose other than exercising its rights or fulfilling its obligations under this Agreement.
(d) A Receiving Party must take all precautions that are reasonably necessary to prevent any unauthorised disclosure of the Disclosing Party’s Confidential Information to third parties or unauthorised use of such Confidential Information and shall inform the Disclosing Party of any suspected or actual unauthorised disclosure or use of such Confidential Information.
(e) A Receiving Party will not be in breach of its obligations with respect to disclosure of the Disclosing Party’s Confidential Information if it discloses information that:
(i) is, or subsequently enters, the public domain;
(ii) it is required to disclose by law; or
(iii) was developed independently by it, without the use of any of the Disclosing Party’s Confidential Information.
- Indemnity
(a) In addition to any other indemnities contained in this Agreement, you agree to indemnify and hold us, the company and our directors, officers, agents, representatives and employees harmless against any actions, claims, demands, proceedings, costs, damages, expenses, liabilities and losses (including without limitation legal costs on a solicitor and client basis) paid, suffered or incurred by us directly or indirectly as a result of:
(i) us undertaking your instructions in respect of the utilisation of the Website;
(ii) any failure by you to comply with these terms and conditions;
(iii) your use of the Website or any third party information in violation of these terms and conditions;
(vi) any breach of your representations and warranties set forth in these terms and conditions.
(b) Each indemnity in these terms and conditions is a continuing obligation, which is independent of and separate from your other obligations and survives termination of these terms and conditions.
- Waiver
The non-existence of or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
- Severance
Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this contract or affecting the validity or enforceability of that provision in any other jurisdiction.
- Governing Law
This Agreement is governed by the laws of the United Kingdom and all parties agree to submit to the exclusive jurisdiction of the courts of the United Kingdom.
- General
We may from time to time change the rules that govern your use of our Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Website from time to time including, but not limited to, content and equipment and/or software needed for access or use.