Terms and Conditions
Effective Date: 1/11/2018
Last Updated: 2/5/2023
Thank you for choosing Practical DevSecOps for your training. This Course Agreement (hereinafter “Agreement”) and Terms and Conditions are important and affect your legal rights.
These terms and conditions are in addition to the Website Disclaimer and apply to the sale of any Course. Please read these terms and conditions carefully before purchasing an Online Course and/or Taught Course and print off a copy for your records.
If there is any conflict between our Website Disclaimer, these terms and conditions, and any Course Specific Terms and Conditions which might apply to a specific Online Course or Taught Course then the conflict shall be resolved by applying the following order of priority:
- Course Specific Terms and Conditions;
- These Standard Terms for the Purchase of Online and Taught Courses;
- Website Disclaimer.
This Course Agreement (hereinafter, “Agreement”) is made by and between HYSN PTE LTD, a corporation, incorporated under the laws of the State of Singapore, hereinafter referred to as “Course Provider,” and you, further defined below, as a participant in the Course, also defined below.
All parts and sub-parts of this Agreement are specifically incorporated by reference here. This Agreement shall govern the use of all pages, labs, screens, and supporting material in and on the Course (all collectively referred to as “Course”) and any services provided by or on this Course Provider through the Course (“Services”) and/or on the Course Provider’s websites (“Website”).
Article 1 – DEFINITIONS:
- The parties referred to in this Agreement shall be defined as follows:
- Course Provider, us, we: Course Provider, as the creator, operator, and publisher of the Course, is responsible for providing the Course publicly. Course Provider, us, we, our, ours, and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
- You, the user, the participant: You, as the participant in the course and user of the Website, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as user or participant.
- Parties: Collectively, the parties to this Agreement (Course Provider and You) will be referred to as Parties.
- Website: Means www.practical-devsecops.com, portal.practical-devsecops.training and drive.practical-devsecops.training
- Course: Courses taught by us either via our platform, Virtual/Online Instructor-Led Training or In-Person Instructor-Led Training.
- Taught Course: A course taught by us in a classroom setting to which you attend in person.
- Fees: The fees paid by you to Practical DevSecOps for the Services.
- The Course details are as specified on the website (practical-devsecops.com).
Article 2 – ASSENT & ACCEPTANCE:
By purchasing and participating in the Course, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Course immediately.
If you do so after purchase, you will not be entitled to any refund. The Course Provider only agrees to provide the Course to you if you assent to this Agreement.
Article 3 – AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to use this Website, participate in the Course or access any Services contained herein. By participating in the Course, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Course Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 – LICENSE TO USE WEBSITE & ACCESS COURSE MATERIALS:
We may provide you with certain information as a result of your accessing of the Course through the Website. Such information may include, but is not limited to, documentation, data, or information developed by us and other materials which may assist in your participation in the Course (“Materials”). Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable and revocable license to use the Materials solely in connection with your participation in the Course and your use of the Website. The Materials may not be used for any other purpose, and this license terminates upon your completion of the Course, your cessation of use of the Course or the Website, or at the termination of this Agreement.
Article 5 – COURSE TERMS:
After purchasing the Course, you may not be able to begin until the specified Course Start Date. You must complete the Course by the specified Course End Date. Whether or not the Course has been completed by the specified Course End Date, it will expire the following amount of time after purchase:
The exam voucher is valid for 6 months from the date of lab expiry.
At the end of the course, you will receive a certificate evidencing your participation in, and completion of, the course.
The Course and any of its accompanying Materials may not be shared with any party. If we suspect that the Course or Materials are being shared and/or that you have shared your log-in information with any party, we reserve the right to immediately terminate your access to the Course, at our sole and exclusive discretion.
We do not offer any promises or guarantees with regard to our Course or Course Materials. You hereby acknowledge and agree:
- You are solely and exclusively responsible for the choices that you make with regard to this Course, the Materials contained within it, or any significant changes to your business or life;
- You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
- We are not liable for any result or non-result or any consequences which may come about due to your participation in the Course;
Article 6 – INTELLECTUAL PROPERTY:
You agree that the Materials, the Course, the Website, and any other Services provided by the Course Provider are the property of the Course Provider, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Company IP”). You agree that the Company owns all rights, title, and interest in and to the Company IP and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without explicit written permission from the Company.
Article 7 – YOUR OBLIGATIONS:
As a participant in the Course, you will be asked to register with us. When you do so, you will choose a user identifier, which may be your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable you to participate in the Course. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. Email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information.
The billing information you provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information. Providing false or inaccurate information, or using the Course or the Website to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
Through your participation in the Course and your use of the Website, you may be permitted to post materials to the Course pages and other parts of the Website (“User Contributions”). You hereby grant Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions you post. The Course Provider claims no further proprietary rights in your User Contributions.
You also agree to comply with the “Acceptable Use” provision of this Agreement for all User Contributions that you post, including and especially to not violate the intellectual property rights of any third party through your User Contributions.
If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another user, please contact us and let us know.
OBLIGATIONS: As a participant in the Course, you will be asked to undertake and complete the following obligations:
- You are obliged to complete the exam on or before the exam voucher expires. Exam voucher expires after 6 months for every course
- You are obliged to complete the lab exercises within the allowed lab access duration. Every course comes with Free 30 days of Labs, extra lab time can be purchased on the website.
Article 8 – PAYMENT & FEES:
As noted above, the total Fees for the Course are as specified on the website for the course you have selected.
The entirety of the Fees are due and payable upon your registration in the Course.
No payment plans or installment plans are available.
Unless otherwise specified at the time you purchase the Fees are exclusive of VAT or other local taxes, and any delivery costs payable in respect of the delivery of Course Material to you.
Each of these costs will be set out on the Website or conveyed to you over the telephone or an email prior to your purchase of the Course.
Any fees charged by your debit or credit card provider in connection with your purchase of the Course are for your own account and Practical DevSecOps shall not be responsible for these.
You shall be responsible for all costs you incur in connection with your attendance at any Taught Courses or your access to any Online Course.
Article 8.1 – REFUND POLICY:
Refunds will be processed excluding the payment processing fees of $50 USD or equivalent, unless you have
1. Already begun the course
2. Downloaded your course materials or scheduled an exam
3. Three or more months have passed since purchasing the product
Please note that payment will be adjusted accordingly related to promotions and offers.
If you are eligible for the refunds, it will take up to 2 days to process and another 3-5 days from your financial institute to reflect in your account.
Article 9 – ACCEPTABLE USE:
You agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider.
You further agree not to use the Course or the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Course Provider or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetrate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
Article 10 – NO LIABILITY:
The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Course is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.
Article 11 – REVERSE ENGINEERING & SECURITY:
You agree not to undertake any of the following actions:
- Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Course or Website;
- Violate the security of the Course or Website through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
Article 12 – DATA LOSS:
We do not assume or accept responsibility for the security of your account or content. You agree that your participation in the Course or use of the Website is at your own risk.
Article 13 – INDEMNIFICATION:
You agree to defend and indemnify the Course Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your participation in the Course, your use or misuse of the Website, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense if we wish.
The Course Provider will not indemnify you in any circumstances, as your purchase and participation in the course are at your own will and risk.
Article 14 – SPAM POLICY:
You are strictly prohibited from using the Course, the Website, and the underlying infrastructure for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
Article 15 – MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 16 – ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Course. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 17 – SERVICE INTERRUPTIONS:
We may need to interrupt your access to the Course to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Course and/or Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused as a result of such downtime.
Article 18 – TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund or compensation in any manner.
Article 19 – NO WARRANTIES:
You agree that your participation in the Course and your use of the Website is at your sole and exclusive risk and that any Services provided by us are on an “As Is” and “As Available” basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Course or Website will meet your needs or that the Course or Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Course or on the Website, and no guarantees of any outcome from reliance on the information we provided in the Course. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Course or your use of the Website is your sole responsibility and that we are not liable for any such damage or loss.
Article 20 – LIMITATION ON LIABILITY:
We are not liable for any damages that may occur to you as a result of your participation in the Course or your use of the Website, to the fullest extent permitted by law, as noted above. The maximum liability of Course Provider arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
Article 21 – GENERAL PROVISIONS:
- LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- JURISDICTION, VENUE and CHOICE OF LAW: Through your participation in the Course and your use of the Website, you agree that the laws of State of Singapore shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Course Provider, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the State of Singapore. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
- ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the State of Singapore. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the State of Singapore. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
- ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased, or otherwise be transferred by the Course Provider, the rights and liabilities of the Course Provider will bind and inure to any assignees, administrators, successors, and executors.
- SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
- NO WAIVER: In the event of failure to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
- ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: [email protected]