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TERMS AND CONDITIONS OF USE

Terms and Conditions of Use

These terms are in effect as of 1st June 2020. Last updated on 14 April 2022

These Terms and Conditions of Use (“these Terms”) govern your use of the websites www.blueoceanstrategy.com; www.learn.blueoceanstrategy.com; www.blueoceanshift.com; www.bogn.com; and www.learning.bogn.com and our widgets (collectively, the “Sites”) and online services including but not limited to online courses, trainings and apps (the “Services”).

These Terms apply to the Sites and Services which are owned by, licensed to, and/or managed by Blue Ocean Global Network Pte. Ltd. (Company No: 201500889W), a company incorporated in Singapore and having its business address at 36 Armenian Street, #04-08 Singapore 179934, Republic of Singapore (hereinafter referred to as “BOGN”).

1. Acceptance of Terms of Use

Please carefully read these Terms before using the Sites and the Services. By accessing and using this Sites, you acknowledge that you have read, understood and agreed to be bound by these Terms, which form an agreement that is effective and enforceable, as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Sites or any of its content.

YOUR ACCESS TO, USE OF AND BROWSING OF THE SITES, AND THE CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITES IS AUTOMATICALLY AND IMMEDIATELY REVOKED.

By accessing the Sites, you confirm your understanding of and agreement to these Terms. If you do not agree to these Terms, you shall not use the Sites. The Sites reserves the right, to change, modify, add, or remove portions of these Terms at any time. Changes will be effective when posted on the Sites with no other notice provided. Please check these Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top left of this page. Your continued use of the Sites following the posting of changes to these Terms constitutes your acceptance of those changes.

The Sites and BOGN do not knowingly collect information from persons under age 18 or children under age 13. If you are under 18 years of age, you may visit, browse and use the information on the Sites, but you may not submit any personal information to the Sites to use the Services. If you are under age 13, you are not permitted to use the Sites or to submit any personally identifiable information to the Services.

The materials contained in the Sites are protected by applicable copyright and trade mark law.

2. Description of the Sites and the Services

BOGN provides users access to the Sites and Services in varying degrees depending on the user’s level of access – Visitors Access or Registered Access as described below.

Visitors Access – Users who access the Sites who do not have registered accounts with BOGN but want to explore the Sites; or users who have accounts registered with BOGN (Registered Users), but who are not logged in while accessing the Sites. With the Visitors Access, users can: (i) view all publicly-available content on the Sites; (ii) email BOGN; and (iii) subscribe to email newsletters by signing up with their email address.

Registered Access – Registered Users who are logged in to the said accounts while accessing the Sites are granted Registered Access and in addition to the access granted under the Visitors Access , can: (i) purchase products and services through one of the Sites; (ii) access exclusive content available only to Registered Users; (iii) create, access, manage, and update their own personal accounts on the Sites; (iv) post comments and other content on the Sites (collectively, “Registered User Content”); (v) sign up for our various programs; (vi) sign up for alerts and other notifications; and (vii) become part of the Blue Ocean community.

BOGN is under no obligation to accept any individual as a Registered User and may accept or reject any registration in its sole and complete discretion. In addition, we may deactivate any account at any time, including, without limitation, if it determines that a Registered User has violated these Terms of Use.

The content available through the Sites (the “Content”) is the sole and exclusive property of BOGN and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Sites or the Content other than as expressly authorized by BOGN in writing. Use of the Sites, Services or the Content in any way not expressly permitted by these Terms is prohibited and may be actionable under Singapore or international law.

3. Terms of Sale

Any purchase made on the Sites shall be subject to the Terms of Sale.

The information set out in these Terms and the details contained on the Sites do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any Services shall exist between you and BOGN until BOGN has received full payment from you to use the Sites and Services.

As consideration for any purchase you make on the Sites, you shall pay BOGN all applicable fees and taxes. BOGN (or via its third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same.

Any fees or payments shall be subject to the applicable taxes of the Republic of Singapore which may be subject to change from time to time dependent on the prevailing tax rate.

BOGN reserves the right to review and revise the Price any time without advance notice.

BOGN, in its sole discretion, may change or withdraw or refuse this payment method to anyone or any Consumer without advance notice for any reason at any time.

The Sites contain paid content and/or subscriptions that operate on an automatic renewal/re-subscription basis. Cancellation of the automatic renewal/re-subscription for the next billing cycle can be activated any time before the next billing cycle begins without penalty.

4. Refund Policy

BOGN is firmly committed to producing Content and Services to the satisfaction of its users. However, if you are unsatisfied with any products purchased from the Sites, you may be eligible for reimbursement from BOGN.

Generally, to request a refund you may write to BOGN’s customer support team at [email protected] with a brief description of the reasons for seeking a refund. BOGN shall respond to your refund request within 14 days. Take note that any refunds from BOGN may be in full or partial, and shall be determined at the sole discretion of BOGN. BOGN also reserves the right to decline any request for refund.

Take note that products sold on the Sites may be subject to their individual refund policies which vary depending on the type of product, the platform on which it is hosted and/or whether the product was sold pursuant to any promotion/discount. Kindly refer to the Terms of Sale of your product for more information, or alternatively you may contact us at the email address above for more information.

5. Proprietary Content

The Content on the Sites which include but are not limited to materials such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of BOGN, are protected by applicable copyright and trademark laws. Unauthorized use of the content is strictly prohibited and BOGN reserves the right to commence legal action for such unauthorized use without any further reference to you.

Visitors may view all publicly available Content for their own personal, non-commercial use. Registered Users who have purchased any product or service, may download onto their own machines and view any Content contained in such purchased product or service for their own personal, non-commercial use. Other than as expressly set forth in the immediately two prior sentences, you have no other rights in or to the Content (other than your own Registered User Content that you post to the Sites), and you will not use the Content except as permitted under this Agreement. No other use is permitted without the prior written consent of BOGN.

All content included in the Sites, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of BOGN; its Licensors; and/or its content suppliers and protected by Singapore and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Sites for the sole purpose of placing an order for Services; using the Sites as a resource; or using the Sites for personal information. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Sites, is strictly prohibited.

You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

You may link another website to the Sites subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of BOGN or the Sites; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with BOGN or the Sites; (iii) when selected by a user, the link must display the Sites on full-screen and not within a “frame” on the linking website; and (iv) BOGN reserves the right to revoke its consent to the link at any time and in its sole discretion.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Sites automatically terminates and you must immediately destroy any copies you have made of the Content.

If you have questions or wish to find out more about how the Content may be used, you may email BOGN at [email protected]. Take notice that this shall not constitute a waiver of BOGN’s rights in any way and that any unauthorized use of the Content is prohibited unless clear and explicit consent is received from BOGN.

6. Prohibited Actions

The Sites are intended to provide users with more information on Blue Ocean Strategy, Blue Ocean Shift, as well as associated products and services. As such, users are prohibited from carrying out actions which include but are not limited to:

  • accessing or using the Sites to collect any market research for a competing business;
  • impersonating any person or entity or falsely state or otherwise misrepresenting your affiliation with a person or entity;
  • interfering with or attempting to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or accessing or attempting to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means;
  • covering, obscuring, blocking, or in any way interfering with any advertisements and/or safety features (e.g., report abuse button) on the Sites
  • using any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission; provided, however, BOGN grants the operators of public search engines permission to use spiders to copy materials from the public portions of the Sites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials; and
  • taking any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.

Should you perform any of the above actions, BOGN reserves the right, in its sole and absolute discretion to deny you access to the Sites partially or entirely; suspend your Registered User account; and if applicable, inform the relevant authority/authorities of your actions.

7. External Sites

The Sites may contain links to third-party Sites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by BOGN of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. BOGN is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of materials on such External Sites. You acknowledge and agree that BOGN shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource. You should take precautions when downloading files from all Sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

8. Your Personal Details

a. Your security and privacy are important to BOGN and taken very seriously. Every payment transaction occurs within a secure environment. BOGN does not retain your personal and financial information after your order is completed; it is submitted directly to BOGN’s Bank. Please read the Sites’ Privacy Policy as well as the Personal Data Protection Act (PDPA).
b. Please also read the End-User Agreement at https://learning.bogn.com which forms a part of these Terms and Conditions.
c. Take notice that depending on your activities on the Sites, the privacy policy/policies that may also be applicable include but are not limited to those of GO1, Kajabi, ActiveCampaign, OptinMonster, Typeform, Accredible, PayPal, Stripe, Google Analytics, and the Sites cookies.
d. The apps/sites/widgets listed above are not exhaustive and BOGN may from time to time add in new apps/sites/widgets to the aforementioned list.

9. Governing Law and Disputes

a. These Terms shall be governed by, and will be construed under, the laws of Singapore, without regard to conflicts of laws principles. You irrevocably agree to the exclusive jurisdiction by the courts located in Singapore, to settle any dispute, which may arise out of, under, or in connection with these Terms, as the most convenient and appropriate for the resolution of disputes concerning these Terms.
b. The Sites is controlled within Singapore. Those who choose to access the Sites from locations outside of Singapore do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. BOGN does not represent that the Sites or Content are appropriate outside Singapore.

10. Force Majeure

BOGN shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of common carriers (including without limitation Internet service providers and web hosting providers), or shortages of transportation facilities, fuel, energy, labor or materials.

11. Miscellaneous

These Terms set forth the entire understanding and agreement between you and BOGN with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. BOGN’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BOGN, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms.

12. Disclaimer

THE SITES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS OFFERED FOR SALE AND MATERIALS AND ACTIVITIES CONTAINED IN OR ADVERTISED ON THE SITES, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOGN AND ITS SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Without limiting the foregoing, you are responsible for taking all necessary precautions to ensure that any Content or access to the Sites is free of viruses or other harmful code.

13. Limitations

In no event shall BOGN be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the Sites.

14. Your consent

Please take note that by giving BOGN your consent, you hereby agree with and consent to BOGN processing/continuing to process your payment in accordance herewith.

15. Questions?

Please direct any questions you may have about these Terms of Use to BOGN at [email protected].

Blue Ocean Global Network Pte. Ltd.