Terms and Conditions
Essential
1. All courses are email based and online in nature. You are required to have an email account and Acrobat Reader.
2. All courses are non-refundable and payable in full before the course(s) commence.
3. Due to fluctuations in currency exchange, Firefish Linguistics reserves the right to amend prices without prior notice.
4. The TEFL diploma course requires students to have at least a recognised TEFL certificate.
5. The English Grammar certificate will only be available in early
2003.
6. Students enrolling for the TEFL certificate or diploma are required to take and pass the compulsory Language Proficiency Test. Those who possess a GCE ‘A’ or ‘AO’ Level or equivalent pass in English will be exempted upon provision of the necessary qualifications.
1. General
1.1 These Terms & Conditions govern your participation in the courses of Norwood English. The Courses consist of computing and information Courses and software, information, interactive forums and other content provided by Firefish Linguistics. In addition, third parties provide information, software and other content ("Third Party Content") which may be accessed over this website.
1.2 Your participation in the courses is conditioned upon your acceptance of the terms and conditions contained in this agreement. Please read the following terms and conditions and indicate your acceptance by clicking on the "Register" hyperlink under the Registration Page. Firefish Linguistics, reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time. Such changes or modifications shall be effective immediately upon notice published on this page. Your continued participation constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Firefish Linguistics as permitted above.
2. Use of Course content
2.1 You acknowledge that the Course contains information, software, photographs, audio and video clips, graphics, and other material (collectively, the "Content") that is protected by copyright, trademark or other proprietary rights of Firefish Linguistics or third parties. All Content on the Course is copyrighted as a collective work of Firefish Linguistics pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Course. The Content is intended for the personal, noncommercial use of the registered subscribers of the Course.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Firefish Linguistics or the owners of such Content or their authorized persons, if other than the above. You may upload to or download from the Course any Content in the public domain for your own personal use or for non- commercial redistribution. You assume all risk and responsibility for determining whether any Content is in the public domain, regardless of any notices which may be posted on such Content.
2.4 You grant to Firefish Linguistics the right to edit, copy, publish, distribute, translate and otherwise use any Content that you place on the Course, in any medium. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
3. Course rules of conduct
You shall not upload to, or distribute or otherwise publish through, the Course any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You shall not use the Course for any commercial purpose and shall not distribute the Course.
4. Managing content
Firefish Linguistics does not and cannot review the Content posted by subscribers of the Course and is not responsible for such Content. However, Firefish Linguistics reserves the right to delete, move, or edit any Content (including messages posted in any forum) that it may determine, in its sole discretion, violates this Agreement or is otherwise unacceptable. You shall remain solely responsible for all Content posted by you or by any other person using your account. Firefish Linguistics shall have the right, but not the obligation, to correct any errors or omissions in any Content, as it may determine in its sole discretion.
5. No endorsement
5.1 Firefish Linguistics does not represent or endorse the accuracy or reliability of any Content displayed, uploaded, or distributed through the Course by any subscriber, information provider or any other third party. You acknowledge that any reliance upon such Content shall be at your sole risk.
5.2 The Course may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that Firefish Linguistics is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or External Sites.
7. Fees & payments
7.1 You must be a registered student with Firefish Linguistics, all Course subscription should be paid upfront before you received your first module electronically through your email account upon the approval of our administration.
7.2 You shall be responsible for obtaining all telephone, telephone access lines, computer equipment and other products or Courses necessary to access and use the Course. You shall be responsible for all charges associated with accessing and maintaining a connection to the Course (e.g., charges imposed by an Internet access provider, or your local telephone company).
8. Indemnity
All officers, You hereby agree to indemnify, defend and hold Firefish Linguistics, and directors, owners, agents, information providers, affiliates and licensors (collectively, the "Firefish Linguistics Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any Firefish Linguistics Party in connection with any claim arising out of any use or alleged use of your account or password by any person, whether or not authorized by you. Firefish Linguistics reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Firefish Linguistics defense of such claim.
The student shall indemnify and hold harmless Firefish Linguistics at all times against all actions, proceedings, costs, claims, expenses, demands, liabilities, losses and damages whatsoever including without limitation for defamation, infringement of intellectual property rights, death, bodily injury, property damage or pecuniary losses howsoever arising which Firefish Linguistics may sustain, incur, suffer or pay arising out of or in connection with the use of the Course by the student or any act or omission of the student thereof.
9. Disclaimer of warranties; Limitation of liability
9.1 Neither Firefish Linguistics nor any provider of third party content or their respective agents warrants that the Course will be uninterrupted or error free; nor does Firefish Linguistics, any third party content provider, or their respective agents make any warranty as to the results to be obtained from use of the Course or the content. The Course and the content are distributed on an "as is, as available" basis. None of I1, third party content providers and their respective agents make any 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, with respect to the Course, any content or any products or Courses sold through this website. You expressly agree that the entire risk as to the quality and performance of the Course and the accuracy or completeness of the content is assumed solely by you.
9.2 Neither Firefish Linguistics, any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Course, even if such party has been advised of the possibility of such damages.
10. Definitions
10.1 "This Agreement" means the completed Application Form (and its attachment(s) and the terms and conditions herein.
"student" means the person whose application to enter into this Agreement is accepted by Firefish Linguistics and includes his successors and permitted assigns.
The student will use his own equipment and means (for example, telephone Course and modem) to establish connection to Firefish Linguistics or any other contact for accessing the Course or doing his or her Course requirements.s.
"Person(s)" includes individual(s), corporation(s) and unincorporated bod(ies) of persons.
10.2 Words importing the singular shall include the plural and vice versa and words importing one gender shall include the other gender.
11. Commencement of Course
The Course shall commence on the date specified by Firefish Linguistics in writing in its notice to the student indicating its acceptance of this Agreement ("Commencement Date").
12. Firefish Linguistics's rights
Firefish Linguistics shall have the right to manage and control the access to computer systems and information stored within the system in a manner deemed appropriate by Firefish Linguistics.
13. Student's obligations
The student shall:-
1. be responsible for the set-up or configuration of his equipment for access to the Course;
2. comply with all notices or instructions given by Firefish Linguistics from time to time in respect of the use of the Course;
3. be solely responsible for obtaining, at his own cost, all licences, permits, consents, approvals and intellectual property or other rights as may be required for using the Course;
4. comply with the rules of any network to which the student accesses through the Course;
5. be solely responsible for all information retrieved, stored and transmitted through the Course by him; and
6. provide at his own expense, when so required by Firefish Linguistics, all facilities or resources necessary for the proper provision of the Course including without limitation power points, electricity, Courses, pipes, access, licence, wayleave or easement;
14. Prohibited use
The student undertakes:-
a. to comply with all applicable laws (and shall not contravene any applicable law) of the Republic of Singapore relating to Courses including without limitation the Broadcasting and Television Act, Common Gaming House Act, Computer Misuse Act, Copyright Act, Films Act, Indecent Advertisements Act, Maintenance of Religious Harmony Act, Official Secrets Act, Penal Code, Public Entertainment Act, Telecommunication Authority of Singapore and the Undesirable Publications Act;
b. not to allow any person other than the authorised person named in the Application Form to use the Course;
c. not to use the Course for any unlawful purpose including without limitation criminal purposes;
d. not to use the Course to send or receive any message which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene or menacing nature.
e. not to persistently send messages without reasonable cause or for causing any threat, harassment, annoyance, inconvenience or anxiety to any person;
f. not to infringe any intellectual property rights of any person or retain information in any computer system or otherwise with an intention to do so;
g. not to gain unauthorised access to any computer system connected to the Internet or any information regarded as private by other persons; and
h. not to share the Course with any person without the prior written approval of Firefish Linguistics and shall use the Course only for the purpose for which is subscribed.
16. Termination of Course
16.1 Either Firefish Linguistics or the student may terminate this Agreement by giving prior notice in writing of 30 days to the other. No refund will be given.
16.2 Firefish Linguistics may in its sole discretion waive or accept in writing a shorter period of notice from the student than those referred to in clause 16.1.
16.3 Notwithstanding clause 16.1, Firefish Linguistics may terminate this Agreement with immediate effect:-
a. if in the opinion of Firefish Linguistics, the student has breached any of the terms or conditions of this Agreement (including without limitation clauses 6 and 7);
b. the student has provided any false or incomplete information to Firefish Linguistics; or
c. if in the opinion of Firefish Linguistics or any regulatory authority, it is not in the public interest to continue providing the Course to the student for any reason;
17. Suspension of Course
Without prejudice to any other rights or remedies of Firefish Linguistics and notwithstanding any waiver by Firefish Linguistics of any previous breach by the student, Firefish Linguistics may suspend the Course or any other Course provided by the above in the event that any monies payable by the student for the Course or that other Course is not settled in full or any deposit or increase thereof required by Firefish Linguistics is not paid by the student.
18. Disclaimer
18.1 Firefish Linguistics shall not be liable to the student for any cost, claim, liability, expense, demand or damages whatsoever (including any loss of profits, lost savings or incidental or consequential damages), arising out of the student's use of or inability to use such software, even if Firefish Linguistics or any of its authorised representative has been advised of the possibility of such damages, or for any claim by any other person whomsoever.
18.2 While every care is taken by Firefish Linguistics in the provision of the Course, Firefish Linguistics shall not be liable for any loss of information howsoever caused whether as a result of any interruption, suspension, or termination of the Course or otherwise, or for the contents, accuracy or quality of information available, received or transmitted through the Course.
18.3 The student shall be solely responsible, and Firefish Linguistics shall not be liable in any manner whatsoever, for ensuring that in using the Course, all applicable laws, rules and regulations and all the terms prescribed by Singapore Telecommunications Limited and the Telecommunications Authority of Singapore for the use of any telecommunications systems, Course or equipment shall be at all times complied with.
18.4 Firefish Linguistics shall not be liable for any loss or damages sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the student's account and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed.
19. Confidentiality
The student shall not divulge or communicate to any person (other than those whose province it is to know the same) or use or exploit for any purpose whatsoever (other than that contemplated in this Agreement) any confidential information which may or may have come to his knowledge by reason of or in connection with this Agreement, and shall use all reasonable efforts to prevent his employees, officers, agents and consultants from so acting, except where the prior written consent of Firefish Linguistics is obtained or where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any relevant regulatory body.
20. Variation
20.1 Firefish Linguistics reserves the right to amend the terms and conditions contained herein at any time upon notice (in such form as may be determined by Firefish Linguistics) to the student.
20.2 Without limitation to the generality of the foregoing, this Agreement is deemed to be varied to the extent that the student requests for any variation in the Course and such is agreed to in writing by Firefish Linguistics.
21. Assignment
The rights and obligations under this Agreement shall not be capable of assignment by the student without the prior written consent in writing of Firefish Linguistics, but subject thereto, shall be binding on and enure for the benefit of his successors and permitted assigns.
22. Force Majeure
Firefish Linguistics shall not have any liability whatsoever or be deemed to be in default for any delay or failure in performance under this Agreement resulting from acts beyond the control of Firefish Linguistics, including without limitation acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, lightning, riot, strikes, lock-outs, industrial disputes (whether or not involving Firefish Linguistics's employees) or epidemics.
23. Governing law and Jurisdiction
This Agreement is governed by the laws of the Republic of Singapore and the student and Firefish Linguistics hereby submit to the exclusive jurisdiction of the Singapore courts.
24. Payment Of Courses
24.1 All required payments for Courses must be made in advance before commencement of the course. No refunds will be entertained.
24.2 Firefish Linguistics reserves the right to reject any application, and expel any student if and when necessary. No fee is refundable on expulsion. Firefish Linguistics decision in all matters pertaining to rules and regulations or terns and conditions shall be final.
Copyright
©2002 Firefish Linguistics. All rights reserved.