Terms of Use | ||||
Last modified: 8 August 2023 | ||||
Polwel Co-operative Society Limited (“POLWEL”, “us” or “we”) provides users with various services, resources, applications, content and/or information through our online platform and/or website(s) (including https://rqs.polwel.org.sg) (our "Platform"). A reference to the Platform includes, but is not limited to, any functionalities, services or features offered via, or in connection with, the Platform, such as any tests administered via and/or reports, records and other deliverables generated through the Platform. | ||||
Please read the following terms of use carefully (the “Terms”). By accessing and/or using the Platform, you agree to be bound by the Terms, and consent to the collection, use and disclosure of your personal data in the manner described in the Terms. If you do not agree to the Terms, you must not access and/or use the Platform. | ||||
1. | Your Use of the Platform | |||
1.1. | You shall access and/or use the Platform only (i) for educational purposes, including but not limited to taking a quiz, accessing learning materials, and any other services offered by the Platform; and (ii) in accordance and full compliance with the Terms and all applicable laws / regulations. | |||
1.2. | You undertake not to (and shall not, knowingly or otherwise, authorise, allow or assist any third party to): | |||
• reproduce, transfer, duplicate, copy, sell, resell or exploit any portion of the Platform, use of the Platform, or access to the Platform; | ||||
• modify or adapt the whole or any part of the Platform, or permit the Platform or any part of it to be combined with, or become incorporated in, any other application, programs or other Platforms created by you; | ||||
• decompile, reverse engineer or otherwise attempt to discover the source code of our Platform or any components thereof, except under any specific circumstances expressly permitted by us in writing; | ||||
• communicate, republish, upload, post, transmit, edit, re-use, rent, lease, loan, sell, assign, transfer, distribute, make available, license, sublicense or create derivative works or adaptations based on the whole or any part of the Platform; | ||||
• use the Platform in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Terms, or in contravention of any applicable law, including in any way that infringes our intellectual property rights or those of any third party in relation to the Platform; | ||||
• use the Platform in a way that could damage, disable, impair or compromise the Platform (or the systems or security of the Platform or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of POLWEL; | ||||
• provide, distribute or share, or enable the provision, distribution or sharing of, the Platform (or any data associated therewith) with any third party; | ||||
• reproduce, adapt, republish, translate, publish, display, communicate, hyperlink, post, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit the whole or any part of the Platform in any manner or by any means or stored in an information retrieval system except to the extent permitted with our prior written permission and/or that of the relevant rights owner; | ||||
• reproduce, display or otherwise provide access to the Platform on another website or server, for example through framing mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without our prior written permission; | ||||
• transmit or introduce any viruses, corrupted files, harmful elements, or any materials during the course of your use of the Platform that: (i) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (ii) facilitates illegal activity; (iii) promotes unlawful violence; or (iv) is otherwise illegal or causes damage or injury to any person or property, and we reserve the right, without liability to or prejudice to our other rights against you, to disable your access to any material that breaches the provisions of this sub-clause, or to terminate or suspend your access to the Platform; | ||||
• establish a link to any page on the Platform without our prior written permission (which we reserve the right to withdraw without notice), and even if consent is provided, you may only establish a link in a way that is fair and legal and does not damage POLWEL’s reputation or take advantage of it (e.g. by suggesting any association, approval or endorsement on our part where none exists). | ||||
1.3. | You acknowledge and agree that: | |||
• When using and/or accessing the Platform, you shall be subject to additional terms and conditions, guidelines and/or rules which are in addition to these Terms and may be posted from time to time on the Platform. You are required to comply with any such additional terms and conditions in addition to these Terms, and all such guidelines or rules are hereby incorporated by reference into these Terms. | ||||
• Any content or information that you upload to the Platform will be considered non-proprietary. You hereby grant us a licence to use, store and copy that content and to distribute and make it available to third parties. POLWEL also has the right to disclose your identity to any third party who is claiming any content you posted or uploaded on the Platform constitutes a violation of their intellectual property rights. | ||||
• POLWEL may establish general practices and limits concerning use of the Platform. Without prejudice to the generality of Clause 1.5, POLWEL shall not be responsible or liable for the deletion of or failure to store any messages and other communications or other content maintained or transmitted by the Platform. POLWEL reserves the right to deactivate accounts that are inactive for an extended period of time. POLWEL reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice; | ||||
• POLWEL shall have the right (but not the obligation) to remove or disable access to any content which we deem to be potentially defamatory of any person, unlawful, objectionable in any way, in violation of any third-party rights, or for any reason whatsoever. Any editing or removal of any such content from the Platform shall be without prejudice to our other rights and remedies available at law; | ||||
• POLWEL shall have the right to at any time and from time to time: | ||||
◦ switch to another data centre hosting any of the underlying infrastructure, middleware, application software, and application data as determined by POLWEL in its sole and absolute discretion, without ascribing any reasons whatsoever; | ||||
◦ modify and/or update the Platform and its components from time to time, including to add or remove functionalities, features or services (collectively, "Platform Functions") and | ||||
◦ deny, suspend, withdraw, block and/or restrict access to the Platform or any Platform Functions whether to any user or generally, at any time, including in the event (i) of a violation or alleged violation of these Terms, or (ii) any act or omission by you may cause harm to POLWEL or its affiliates' brand, reputation or business, as determined by its sole and absolute discretion, without ascribing any reasons whatsoever, | ||||
• Unless explicitly stated otherwise, any new features that augment or enhance the Platform, shall be subject to the Terms. | ||||
1.4. | The Platform is provided on an “as is” basis without any representation or warranty from POLWEL of any kind. To the fullest extent permitted by law, and without prejudice to the generality of the foregoing, POLWEL hereby disclaims any warranty: | |||
• as to the Platform’s accuracy, correctness, completeness, reliability, timeliness, non-infringement and/or fitness for purpose; | ||||
• that the Platform or any Platform Functions will be uninterrupted or error-free, or that defects will be corrected or that the Platform will be free of viruses and/or other harmful elements. | ||||
1.5. | To the fullest extent permitted by law, POLWEL (and its affiliates, employees, agents and/or services providers) shall not be liable for any damages or loss of any kind, howsoever caused as a result (whether directly or indirectly) of your use and/or access of the Platform, including but not limited to any damage or loss suffered as a result of reliance on the services, contents and/or resources contained or made available on the Platform. | |||
1.6. | Where the Platform contains links to other websites and resources provided by third parties (e.g. advertisements; applications posted by third parties), these links are provided for your information only. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources. You agree that we shall not be responsible or liable for any third party content on the Platform, and your access and/or use of any third party content on the Platform. | |||
2. | Your Account | |||
2.1. | The following terms shall apply if an account is created in connection with your use of the Platform: | |||
• You shall provide true, accurate, current and complete information about yourself ("Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or POLWEL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, POLWEL has the right to suspend and/or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof). | ||||
• You will receive a password upon activation of your account for certain functionalities, features or services on the Platform. | ||||
• You shall not provide, disclose, distribute or share, or enable the provision, disclosure, distribution or sharing of, your password and log-in credentials (or any data from the Platform associated therewith) with any third party. | ||||
• You shall maintain the confidentiality of your account information for the Platform (including any usernames and passwords) and ensure that that you logout from your account at the end of each session. You shall not, at any time, disclose such account information to any other party. You will be fully responsible for any disclosure or unauthorised use thereof and for all activities that occur under your password or account. | ||||
• POLWEL will treat all data and information provided by you, as well as any interactions with the Platform to be provided or carried out by you, as accurate and complete. We may also prescribe other security procedures in connection with the Platform, which you must comply with. | ||||
• Without prejudice to the generality of Clause 1.5, POLWEL shall not be responsible or liable for any loss caused to or damage incurred or suffered by you or any person by reason of or arising from or as a consequence of any use of your account information, performing any transactions, and/or your failure to comply with the Terms. If you believe that the security of your account information has been compromised, you shall forthwith notify POLWEL immediately. | ||||
• By using the Platform, you represent and warrant that: | ||||
◦ you have the full right, power, and legal authority to agree to and accept the Terms; | ||||
◦ you will not authorise other persons to use your account nor transfer or assign it to any other person; | ||||
◦ you are not impersonating any other person, operating under an alias or otherwise concealing your identity; and | ||||
◦ you will not use the Platform for unauthorised or unlawful purposes and impair the proper operation of the Platform. | ||||
• POLWEL shall be entitled, at any point of time in our sole discretion, to refuse your application, terminate your account and/or deny access to the Platform if you fail to comply with any of the provisions in the Terms. | ||||
3. | Data Protection Policy | |||
3.1. | It is a continuing condition of your use of the Platform that you agree and consent to POLWEL, as well as our representatives and/or agents, collecting, using and disclosing and sharing amongst ourselves personal data, and disclosing such personal data to our authorised service providers and relevant third parties in accordance with the terms of our privacy policy as amended from time to time, available at https://polwel.org.sg/privacy-policy/ (the “Privacy Policy”), the terms of which also apply to your use of the Platform. | |||
3.2. | You hereby agree and acknowledge that where we process your personal data in connection with the provision of the Platform, POLWEL, our representatives and/or agents are data intermediaries within the meaning of the Personal Data Protection Act 2012, unless otherwise agreed in writing between the parties. | |||
3.3. | If in connection with or in the course of your use of the Platform, you provide the personal data of any third parties (including any users of the Platform) to POLWEL, you warrant and represent that the said third parties have also consented to the terms, and to the collection, use and disclosure of their personal data in accordance with the aforesaid. You shall indemnify and hold harmless POLWEL from and against any claims by any third party arising by reason of POLWEL’s collection, use and disclosure of such third party personal data in accordance with the Terms and/or the Privacy Policy. | |||
3.4. | You warrant and represent to us that all personal data which is submitted to us by you through your use of the Platform is complete, accurate, true and correct. | |||
3.5. | POLWEL shall in its collection, use, disclosure and/or processing of personal data, for any purposes in connection with the Terms and/or for provision or operation of the Platform, adhere to all applicable data protection and privacy laws. | |||
3.6. | In the event of any actual or suspected unintended breach, POLWEL will notify the affected parties without undue delay, within 24 hours after establishing that the data breach is likely to result in significant harm or impact to the individuals to whom the individual relates, or of a significant scale. | |||
3.7. | POLWEL agrees to: | |||
• process personal data only for purposes arising out of or in relation to the Terms and/or for provision or operation of the Platform; | ||||
• protect personal data in its possession or under its control by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks; and | ||||
• cease to retain its documents containing personal data, or remove the means by which the personal data can be associated with particular individuals, as soon as it is reasonable to assume that: | ||||
◦ the purpose for which that personal data was collected is no longer being served by retention of the personal data; and | ||||
◦ retention is no longer necessary for legal or business purposes. | ||||
3.8. | The Platform may provide links to third party sites whose data protection and privacy practices may differ from those set forth here. When you click on a third party link, you will leave the Platform. Any personal data you submit on the third party site will not be collected or controlled by us but will be subject to the terms of use and/or privacy policy of the third party site. We are not responsible for the content and privacy practices of these third party sites. | |||
3.9. | The Platform uses cookies, web beacons and other technologies. A cookie is a small text file which is placed on your device whenever you run or use the Platform. These cookies collect information about your use of the Platform. We use cookies and other technologies to facilitate your use of the Platform and to improve your experience of the Platform. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Platform, you may not be able to use certain features and functions of the Platform. | |||
3.10. | The Platform may also use digital certificates. You are solely responsible for deciding whether or not to rely on such certificates and your reliance on the Platform. | |||
4. | Contacting POLWEL | |||
4.1. | If you have any queries about these Terms or our Platform, please contact us at: POLWEL Co-operative Society Limited (Approved Assessment Organisation) Address: 175A Bencoolen Street, Burlington Square #12-10, Singapore 189650 Contact: 6718 4679 Email: rqs@polwel.org.sg |
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