Learning Academy Participation Terms and Conditions

Website Acceptance

1. This website (“Site”) is operated by Philips Electronics Singapore Pte Ltd (“Philips”). It is available at https://www.apaclearningacademy.philips.com and may be available through other addresses or channels. The terms and conditions set out herein (“Terms”) are between Philips and you, the person or entity – (i) accessing the Site and/or (ii) attending the Training (“you” or “your”).
2. By accessing and/or using the Site and attending the Training, you:
   1. warrant to Philips that you have reviewed these Terms and you have read Philips’ Privacy Policy (available on the Site);
   2. warrant to Philips that you have the legal capacity to enter into a legally binding agreement with Philips and you agree that the Terms shall govern the provision of Training; and
   3. agree to use the Site in accordance with these Terms and the Terms of Use.

Registration & Training

3. The course details, including content, dates, and fees for the training (“Training”) organised by Philips are set out on the individual course page where you accessed these Terms. 
4. You may register for Training as set out on the Site. Any registration completed through the Site is an offer by you to purchase the Training services (and any associated goods) for the price notified (including other applicable charges and taxes) at the time of registration. Philips may at its absolute discretion, accept, or reject your registration, and you acknowledge Philips’ acceptance of your offer is subject to – (a) availability; (b) receipt of the Fee in full; and (c) the minimum number of participants as set out on the individual course page. Philips will endeavor to notify you of a rejection at the time of registration or within a reasonable time thereafter. Each registration Philips accepts results in a separate binding agreement between you (as the Training participant) and Philips for the supply of the Training services (and any associated goods) in accordance with the Terms.
5. You agree that you will maintain a spirit of cooperation and mutual support for all Training participants, which is conducive to group learning. Philips reserves the right to dismiss anyone who is disruptive, offensive, or behaving in an unreasonable manner from the Training at any time without refund.
6. Philips may issue a certificate of completion for certain Trainings upon the satisfactory completion of such Training by you.
7. You agree to comply with Philips’ rules, regulations, policies, instructions and requirements as communicated from time to time by Philips to you on the Training, use of Philips’ equipment, premises and/or facilities in connection with the conduct of the Training. Philips shall have the right to expel you from its premises, without any liability whatsoever, if you are found not to be in compliance with such laws, rules, regulations, policies, instructions and requirements.

Intellectual property

8. All intellectual property (including copyright) developed, adapted, modified, or created by Philips or Philips’ personnel (including in connection with the Terms and the Training) will at all times vest, or remain vested, in Philips. 
9. You must not, without Philips’ prior written consent: 
   1. copy or use, in whole or in party, any Philips intellectual property, including any audio or video recordings of the Training, any course activities or Philips’ premises. 
   2. reproduce, retransmit, distribute, disseminate, sell, publish broadcast, or circulate any Philips intellectual property to any third party; or 
   3. breach any intellectual property rights connected with the Site, the Training or any related materials, including (without limitation) altering or modifying any Philips intellectual property; causing any of Philips intellectual property to be framed or embedded in another website; or creating derivative works from any Philips intellectual property. 
10. The Training is intended for you only and will not qualify you to train others in the subject matter of the Training. Attempts to use any of the copyrighted training material to train others would infringe Philips’ intellectual property rights and represent a violation of professional ethics and standards. You are responsible for the use and operation of any information and materials acquired in the course of the Training solely for the purpose of receiving the Training.

Fees & Payment

11. You must pay Philips the registration fee for all Training that you register for plus any applicable additional charges (the Fee) in accordance with this clause. Unless otherwise indicated, the Fee is exclusive of any goods and services tax, value added tax or similar tax. Such taxes, if any, shall be payable by you in addition to the Fee.
12. You must pay the Fee for Training using one of the methods set out on the Site. You must pay the Fee upfront, by a one-off payment. If Philips offers payment via a third party payment processor, the payment will be subject to that third party payment processor’s terms and conditions, and you agree to comply with those terms and conditions as if they were incorporated into these Terms.
13. You must not pay, or attempt to pay, the Fee by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card or FlexCredits, you warrant that the information you provide to Philips is true and complete, that you are authorised to use the debit card or credit card or FlexCredits to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account or FlexCredits to cover the Fee.
14. Any other costs incurred by you associated with participating in the Training are your sole responsibility.
15. If you have been provided with a code or coupon to receive discounted Training or Training free of charge, please enter the code or coupon details at the time of payment.

Cancellation 

16. Philips reserve the right to suspend or reschedule the Training at any time before delivery of the Training for whatever reason (including where the minimum number of participants as set out on the individual course page is not met). Philips will contact you using the details you provided when you registered. If for any reason Philips cannot deliver the Training you register for (for example for an event beyond Philips’ reasonable control or where the minimum number of participants as set out on the individual course page is not met within thirty (30) days from the date on which the Training is originally scheduled), Philips may cancel the Training and refund you the Fee paid for the cancelled Training. 
17. If you do not attend the Training or cancel within twenty–four (24) hours of the commencement of the Training, you will be responsible to make full payment of the Fees for the Training. If you cancel less than fourteen (14) days prior to the commencement of the Training but more than twenty-four (24) hours prior to the commencement of the Training, you shall pay 50% of the Fees for the Training. Should you require consultation outside the scheduled Training, consultation may be provided at fees to be mutually agreed between the parties.

Collection of Personal Information 

18. You agree to share your personal information with Philips for the purpose of registration and completion of the Training. You warrant that the personal information provided by you on the Site or otherwise to Philips is accurate and correct and that you will inform Philips of any change to such information. Further, by providing personal information to Philips, you acknowledge and consent for Philips to collect, process and disclose your personal information in accordance with the clauses set out herein and Philips’ Privacy Policy.
19. Philips collects personal information about you in order to enable you to access and use the Site and access the Training, to contact and communicate with you, to respond to your enquiries, to process and dispatch your orders and for other purposes set out in Philips’ Privacy Policy available here: https://www.philips.com/a-w/privacy-notice.html Philips’ Privacy Policy contains further information about: (i) how Philips stores and uses your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) Philips’ complaint handling process.
20. Philips may disclose that information to third party service providers who help Philips deliver services and Training (including any Philips trainers, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and Philips’ business partners) or as required by law. If you do not provide this information Philips may not be able to provide the Training to you. In certain circumstances, Philips may disclose your personal information to third parties located, or who store data, outside Singapore.
21. All payment information will be processed by a third-party payment gateway service provider, namely Stripe in accordance with their privacy policies here: https://stripe.com/en-sg/ssa#section_d

Cross Border Transfer of Personal Data 

22. This Site and the administration of the Training are controlled, operated and administered by Philips from its offices in Singapore and the related information is hosted in data center(s) located in Singapore. By submitting your personal data in the registration form, you agree and give your consent to the transfer (if any) of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal data.
23. If you are located in the European Economic Area (EEA), your personal data may be transferred in non-EEA countries that are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here [http://ec.europa.eu/justice/data-protection/international-transfers/adequacy/index_en.htm]. For transfers from the EEA to countries not considered adequate by the European Commission, such as Singapore, Philips ensures that it has in place adequate measures, such standard contractual clauses adopted by the European Commission to protect your personal data.

Photography, Audio and Video Consent and Release 

24. During the Training, photography, audio and video recording may be taken. By signing up and attending such Training, you consent to interview(s), photography, audio recording, video recording and its/their release, publication, exhibition, or reproduction to be used for news, web casts, promotion of Philips’ products, events and/or similar trainings, internal trainings, telecasts, advertising and inclusion on websites, social media.
25. You release Philips, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication and use of interviews, photographs, computer images, video and/or or sound recordings.
26. You hereby waive all rights you may have to any claims for payment or royalties in connection with any use, exhibition, streaming, web casting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such use, exhibiting, broadcasting, web casting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken by Philips or the person or entity designated to do so by Philips.

Limitation of Liability

27. To the maximum extent permitted by law, Philips (including its respective officers, employees and agents) will not be liable to you, and you release, waive and discharge Philips, its officers, servants, agents, or employees from any liability, claim, and/or cause of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by you, or to any property belonging to you that occurs as a result or your participation in the Training or otherwise in connection with these Terms.
28. Notwithstanding any provisions to the contrary, Philips’ maximum aggregate liability in connection with these Terms and/or the Training for damages whether arising from breach of contract, warranty, indemnity, negligence, tort or otherwise shall not exceed the Fees paid by you for the Training in respect of which the claim is made. 
29. To the fullest extent allowed by applicable law and notwithstanding any other provisions to the contrary, Philips shall not be liable to you for any special, indirect, incidental or consequential loss or damage or any loss of profit (including anticipated profit) or revenue, loss of benefit (including anticipated benefit), loss of business or business opportunity or loss of goodwill, loss of savings (including anticipated savings), loss of reputation, loss of use (including real and anticipatory) and/or loss or corruption of data, however, arising, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise in connection with any agreement, even if such party had been advised of the possibility of such damage.
30. You agree that any information contained on the Site and any materials provided with Philips’ Training are provided for general information purposes only and do not take into account your personal or professional circumstances. You are solely responsible for determining the suitability of the Training and any related materials for your circumstances and your reliance on the Training and any related materials is at your own risk. To the maximum extent permitted by law, Philips provides no warranty as to the suitability, fitness for purpose or merchantability of the Training for your specific personal or professional circumstances. 

General

31. Any notices given under these Terms must be in writing addressed to Philips at the details set out below or to you at the details provided when you submitted your registration. Any notice may be sent by standard post or email and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email. 
32. Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing. 
33. These Terms are not intended to create a partnership, joint venture or agency relationship between the parties.
34. If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
35. These Terms shall be governed and construed in accordance with the laws of Singapore and the parties agree to the non-exclusive jurisdiction of the courts of Singapore.
36. Philips may, at any time and at its discretion, vary these Terms by publishing varied terms on the Site. Prior to registration, please read the terms that are in effect at that time to ensure you understand and agree to them. For any registration accepted by Philips, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you completed the registration.
37. Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
38. You must not assign any rights or obligations under these Terms, whether in whole or in part, without Philips’ prior written consent. 
39. The Terms contain the entire understanding and agreement between you and Philips in respect of their subject matter. 
40. The obligations in clauses 8-10 and 23-26 survive expiry or termination of these Terms.

For any questions and notices, please contact Philips at:

Philips Electronics Singapore Pte Ltd
Philips APAC Centre, 622 Lorong 1 Toa Payoh, Singapore – 319763
Email: apac.learning.academy@philips.com