Terms and Conditions
Effective Date: October 15, 2024 ​
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Welcome to xLEAD Pte. Ltd. (www.xlead.co). These Terms and Conditions ("Terms") govern your access to and use of the website and services of xLEAD Pte. Ltd. ("Company," "we," "us," "our"), as well as your purchase and use of our leadership development software and physical products and services (collectively, "Products"). By accessing or using our website or purchasing our Products, you agree to abide by these Terms. If you do not agree to any of these Terms, please refrain from using our website or purchasing our Products. ​
1. Acceptance of Terms
By accessing, browsing, or purchasing from our website, you acknowledge that you have read, understood, and agree to be bound by these Terms, along with any policies or guidelines referenced herein. If you do not agree, please do not access our website or purchase or use our Products.
​2. Eligibility
2.1 You must be at least 18 years old or have the express consent of a parent or legal guardian to access this website, make purchases, or create an account with us. By agreeing to these Terms, you confirm that you meet this requirement and that all information you provide is complete, true and accurate.
2.2 If you are providing information or acting on behalf of another person (whether an individual or an entity), you warrant that you have full authority to do so, and that you have ensured that such person is aware of these Terms and has accepted them.
3. User Accounts and Security
3.1 If you create an account on our website, you are responsible for maintaining the confidentiality and security of your login credentials and all activity that occurs under your account. You should take all appropriate measures (including changing your password from time to time) to ensure the security and confidentiality of your login credentials and account. You agree to notify us immediately of any compromise in the security of your login credentials or unauthorized access to or use of your account. We will not be liable or responsible for any loss or damage arising from any unauthorized or fraudulent use of your account.
3.2 Any breach of these Terms may result in the termination of your account at our discretion. We shall have the right to restrict, suspend or terminate your account at any time at our sole discretion for any reason.
4. Modifications to Terms
We reserve the right to update or modify these Terms at any time and from time to time without prior notice. Such modifications will be effective immediately upon posting on the website. It is your responsibility to review these Terms regularly. By continuing to use the website or our Products following such modifications, you will be deemed to have agreed to the revised Terms.
5. Product Offerings and Availability
We offer a range of Products. While we strive to keep our website up-to-date, we do not guarantee that descriptions, pricing, or availability of Products will be accurate at all times. We reserve the right to modify or discontinue any Product at any time without notice and without liability. ​
6. License for Use of Products
6.1 Upon purchase, you are granted a limited, revocable, non-perpetual, non-exclusive, non-transferable license to use the purchased Product(s) solely for personal, educational, or business purposes (as the case may be) in accordance with the Product description and these Terms. Licenses of digital products are single-use only unless explicitly agreed to in writing by us prior to use.
6.2 Under this license, you may not do any of the following:
(a) modify or copy any part of the Products;
(b) remove any copyright or other proprietary notations from the Products; or
(c) transfer, distribute or resell the Products to another person or device.
6.3 This license shall automatically terminate if you breach any of the restrictions above or any other Terms, or if your access to the website is restricted, suspended or terminated by us under these Terms. Upon termination of this license for any reason, you must destroy any downloads or copies of the Products in your possession whether in electronic or printed format.
7. Orders and Payments
7.1 All orders must be placed through our online platform. If payment is required at the time of order placement, any of the payment methods accepted by us must be used. If payment is not required at the time of order placement, payment is required as invoiced by us, using any of the payment methods stated on the invoice. By providing payment information, you warrant that you are authorized to use the payment method and that all information is correct.
7.2 We reserve the right to cancel or refuse any order for any reason, including but not limited to suspicion of fraudulent activity or misuse of our website or Products.
8. Digital Delivery and System Requirements
You will receive access to our digital Products once your submitted order has been processed and/or your payment has been confirmed. You are responsible for ensuring that your device meets the necessary system requirements for the Product. Should you encounter issues with accessing or downloading your Product, you must notify us within three (3) days of purchase.
9. Shipping and Delivery
For our physical Products, shipping fees will be provided at checkout or via invoice following order placement. Delivery times will be communicated during or following checkout; delivery times are estimates and may vary depending on your location and external factors. We are not liable for delays caused by third-party carriers or customs clearance procedures.
10. Refunds and Cancellations
All paid sales of Products are final and are not refundable or cancellable.
​11. Intellectual Property Rights
11.1 The website is owned and operated by us. All content on this website, including but not limited to the Products, graphics, logos, and text, (collectively, “Contents”) is protected by copyright, trademark and other forms of proprietary rights. Unless otherwise stated, all rights, title, benefit and interest in the website and the Contents are owned by, licensed to or controlled by us, or sourced from third parties.
11.2 You acknowledge and agree that we own, or have the license to use, the website, the Content, and the Products, including the source and object codes, pages, documents and online graphics, audio, video and such other content found therein and any and all intellectual property rights used or embodied in or in connection thereto. The website, Content and Products shall not be reproduced, republished, modified, transmitted or distributed in any way without our prior written permission.
11.3 You agree that we may, at our discretion and to the extent permitted by law, use, access, disclose or retain your information and usage history in order to:
(a) provide or market the Products to you;
(b) comply with any applicable law, regulation, legal process, or government request;
(c) enforce these Terms and investigate potential violations thereof;
(d) detect, prevent, or otherwise address fraud, security, or technical issues; or
(e) protect the rights or property of ourselves or others.
12. Use of Website and Products
12.1 General Conduct Rules
You agree not to:
(a) make improper or unlawful use of the website or Products, or for any purpose not reasonably intended by us;
(b) upload, submit, or otherwise make available any files, content, materials or information that is copyrighted, subject to third-party confidentiality, privacy, intellectual property, or other proprietary rights, unless you are the owner of such rights or have the appropriate permission from their owner to specifically submit such content and grant us a licence to use such content;
(c) upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of any person’s computer or property;
(d) violate or infringe the intellectual property rights of us or any third party;
(e) knowingly disseminate information that you know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to;
(f) use any material or information which is made available through the website or Products in any manner that infringes any copyright, trademark, patent, trade secret, or other intellectual property or proprietary rights of any party; or
(g) use the website or the Products in breach of these Terms, or any applicable laws, rules or regulations which you may be subject to.
12.2 Website and Product Usage Rules
You further agree that you will not:
(a) attempt to gain unauthorized access to any part of the website, including user accounts, computer systems, or networks;
(b) engage in any activity that could harm, disrupt, or overburden the website or its servers;
(c) interfere or attempt to interfere with the proper functioning of the website or the Products;
(d) reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) or other products or processes accessible through the website or the Products;
(e) interfere or circumvent any security feature of the website or the Products or any feature which restricts or enforces limitations on use of or access to the website or the Products;
(f) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or
(g) bypass any measure we take to restrict access to the website or the Products, or use any technology or device to scrape, spider, or crawl the website to harvest data, or publish or link to malicious content intended to damage or disrupt another person’s device.
12.3 Any violation of these prohibitions may result in immediate suspension or termination of your access to the website or Products, without notice or liability.
13. Disclaimer of Warranties
13.1 The website and Products offered by us are provided on an "as-is" and "as-available" basis, without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other rights. We do not warrant the accuracy, adequacy or completeness of the website or the Products, and expressly disclaim any warranty:
(a) as to the accuracy, completeness, correctness, reliability, timeliness, or non-infringement of the website or Products;
(b) that the website or Products will meet your expectations, or that access to them will be uninterrupted or free of errors; or
(c) that the website or Products are free from any technical, typographical or other errors or omissions.
14. Limitation of Liability
14.1 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages or costs of any kind, including but not limited to damages for loss of profits, data or goodwill, arising out of or related to:
(a) your use of the website or Products;
(b) any unauthorized access or use of your account;
(c) any access, use, or the inability to access or use the website or Products, or reliance on the materials and/or any information in the website or Products; or
(d) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus. ​
14.2 In no event will our aggregate liability arising out of or in connection with these Terms, and/or your use of or inability to use the Website and Products, exceed the amount of payment you have made for the Products.
15. International Compliance
We may provide the Products globally, but make no representations that our Products are available or appropriate for use in all jurisdictions. It is your responsibility to ensure compliance with the laws of your country. We are not responsible for any legal consequences resulting from the use of our Products in jurisdictions where such products are not authorized.
16. Electronic Delivery
16.1 Where appropriate, we will take reasonable actions to protect the security of communications made through the website. However, as no data transmission over the Internet can be guaranteed to be completely secure, we cannot guarantee the security of any information you transmit to us, and you transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the website.
16.2 Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the website and our Products are free of viruses or other unauthorised software. You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using our website.
17. Third-Party Links
Our website may contain links to third-party websites. We make no representation and are not responsible for the content, accuracy, or practices of those websites and shall not be liable for any damages or losses arising from your access to those websites. Any content, services or representations made on such websites are solely the responsibility of the operator of those websites and we assume no responsibility for the same. Use of the links and access to such websites are entirely at your own risk. The inclusion of any links does not imply endorsement of, or affiliation with, such website by us. ​
18. Restriction, Suspension or Termination of Access
We reserve the right to terminate, restrict or suspend your access to the website or Products at any time for any reason, including any breach or violation of these Terms or harmful conduct. We are not liable for any consequences arising from such termination, restriction or suspension. ​
19. General
19.1 No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
19.2 All rights and obligations hereunder are personal to you, and you shall not assign any such rights and obligations to any third party without our prior written consent.
19.3 Any one or more clauses, stipulations or provisions of these Terms, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.
19.4 A person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 2001 of Singapore.
20. Governing Law
These Terms shall be construed and governed by the laws of Singapore, without regard to conflict of law principles.
21. Dispute Resolution
21.1 If you have any dispute arising out of or in connection with these Terms or your use of our Products or website, including any question regarding their existence, validity or termination, you agree to notify us in writing. We shall have the right, but not the obligation, to attempt to resolve the dispute through an informal process within ninety (90) days from the date we receive your written notification.
21.2 In the event we are unable to resolve the dispute between us through the above said informal dispute resolution process, you agree that the dispute shall be referred to and finally resolved by arbitration in Singapore administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be the English language. The decision in writing of the Arbitrator shall be final and binding on all parties.
21.3 The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.
21.4 Notwithstanding the provisions of this Clause, and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.
22. Contact Information
For any questions or concerns regarding these Terms, or if you need assistance with your account or order, please contact us at:
​xLEAD Pte. Ltd.
​
1 Scotts Road #24-10
Shaw Centre
Singapore 228208
Republic of Singapore ​​
