TERMS AND CONDITIONS
The Kaplan eLearning you have registered are to be used for your own personal use and benefit. Unauthorized commercial resale of any materials received is prohibited.
Please note that Kaplan personnel regularly monitor various commercial online auction websites in order to prevent the unauthorized sale of Kaplan eLearning materials and accounts . Kaplan reserves all its rights in the event of a violation of this policy, which may include discontinuation of the auction itself, suspension of your privileges as a seller, and enforcement of Kaplan's rights under law and equity.
Shared use of Kaplan eLearning resource is prohibited. Kaplan eLearning products are intended for personal use only. Sharing or selling Online Access is prohibited. All Online Access is non-transferable.
Please read this Agreement carefully before accessing or using your Online Access. By accessing or using online products or services, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use your Online Account. Kaplan may modify this Agreement at any time and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of Online Access shall be deemed your conclusive acceptance of the modified Agreement.
1. Copyright and Licenses. The entire contents of Kaplan eLearning are copyrighted under Hong Kong copyright laws. The owner of the copyright is Kaplan Financial (HK) Limited. You may print available material solely for your own non-commercial use. Any Online Access is solely for your own personal use and benefits, not for non-commercial use. Any other copying, redistribution, retransmission or publication of any Kaplan eLearning materials (hereinafter referred to as "Materials"), is strictly prohibited. You agree not to change or delete any proprietary notices from materials downloaded from Kaplan. You agree that you shall have no recourse against Kaplan for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
2. Use of Online Access. You understand that Kaplan does not warrant that this Online Access will be uninterrupted or error-free. Online Access to Kaplan eLearning is provided on an "as is, as available" basis. There may be a chance to experience an unstable connection from mainland China with the Great Firewall. We will not be liable or responsible in any way should you fail to access our learning materials in the event of connection issues resulting from the Great Firewall.
You understand that Kaplan may revise the content of its website and online products/services from time to time to meet its training objectives. It may add or remove materials that it considers as unnecessary or no longer relevant for exam preparation. Once the material is removed it will not be accessible and will not be available upon request.
You understand that your subscription to Kaplan eLearning is a limited license to use the content only between the time access is granted and its expiry date (hereinafter referred to as the “Subscription Period”). The subscription period varies depending on the course you sign up for. You are responsible for checking this information posted on the website and Kaplan eLearning platform. The subscription is non-transferable and is to be used only by you. You will not share the username/user id and password with anyone, even if that person has his or her own subscription to Kaplan eLearning. Such sharing of usernames/user ids and passwords is a violation of this Agreement and will result in immediate suspension of your privileges to any Kaplan eLearning without refund. Kaplan monitors its website, including the use of Online Access, for visitors and enforces its one subscriber-one user policy diligently.
In no event will Kaplan be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use Kaplan eLearning, or any information, or transactions provided on Kaplan eLearning or downloaded or hyperlinked from Kaplan eLearning, even if Kaplan or its authorized representatives have been advised of the possibility of such damages; or (II) any claim attributable to errors, omissions, or other inaccuracies in Kaplan's electronic content and/or materials or information downloaded through, or hyperlinked from, Kaplan eLearning.
4. Indemnification. You agree to indemnify, defend, and hold harmless Kaplan Financial (HK) Limited and their respective officers, directors, employees, agents, suppliers, and any third party information providers to Kaplan eLearning from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
5. Miscellaneous. This Agreement shall be governed and construed in accordance with the laws of the Hong Kong Special Administrative Region applicable to agreements made and to be performed in the HKSAR. You agree that any legal action or proceeding between Kaplan and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in the HKSAR. Any cause of action or claim you may have with respect to Kaplan eLearning must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Kaplan's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Kaplan may assign its rights and duties under this Agreement to any party at any time without notice to you.
6. Personal Date Protection and Usage. Your personal data is collected and used by us for processing your application of admission, and for registration, administrative, verification, research, statistical and direct marketing purpose. We may also collect personal information to satisfy legal, government and statutory obligations. In terms of Marketing, we may use your personal data (i.e. email address and mobile number) to inform you of special offers and new or existing services that we believe may be of interest to you.
Provision of personal data is necessary, and without your personal data, we may not be able to provide you with services you require. We may share and transfer your personal data with other members of the Kaplan group and/or authorized third parties providing services to us in relation to the above purposes and/or other prescribed purposes as allowed by law from time to time. As you interact with our website, we may automatically collect technical data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies. In all such circumstances, data will be treated in strict confidence. You fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, service providers, business partners, agents and other third parties who have a legitimate need to know. They will only process your personal information on our instructions or as otherwise agreed and they are subject to a duty of confidentiality. We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.
Under the provisions of the Personal Data (Privacy) Ordinance, applicants have rights to request access to, and to request correction of, his or her personal data. Applicants wishing to amend his or her data should inform Kaplan.
7. Kaplan reserves the right to change the terms and conditions without notice. You may view the current applicable version of this Terms and Conditions at any time through the eLearning platform. To unsubscribe from Kaplan Special Offers & Promotions, please send email to firstname.lastname@example.org and inform us about it. If you unsubscribe from Kaplan email subscriptions, we will continue to send you important, time-sensitive messages related to a recent transaction, such as course registration confirmations.