{"id":20064,"date":"2024-11-13T10:28:09","date_gmt":"2024-11-13T02:28:09","guid":{"rendered":"https:\/\/wsh-peer.com\/?page_id=20064"},"modified":"2024-12-23T12:00:43","modified_gmt":"2024-12-23T04:00:43","slug":"peer-lms-general-terms-and-conditions","status":"publish","type":"page","link":"https:\/\/www.wsh-peer.com\/id\/peer-lms-general-terms-and-conditions\/","title":{"rendered":"Syarat dan Ketentuan Umum LMS PEER"},"content":{"rendered":"\t\t
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Introduction<\/b><\/h4>

These terms of use relate to the PEER LMS platform and processes to deliver PEER LMS Services. If you use PEER LMS Services (a \u201cUser\u201d) this policy applies to you and you are bound by it. If you disagree you must stop using PEER LMS Services and close your User account.<\/span><\/p>

Our commitment to each other<\/b><\/h4>

Magicsoft Asia Systems delivers online learning trading as \u201cPEER LMS\u201d, and is located in Galway, Singapore. PEER LMS provides free learning on a global scale for all Users, commercially made possible through online advertising and other optional paid services such as the purchase of certificates of completion (together hereinafter \u201cCertificates\u201d) for diploma and certificate courses. To operate successfully PEER LMS Services as defined below are subject to the \u201cTerms of Use\u201d outlined herein. You, the User, hereby consent to these terms by continuing to use the PEER LMS Services or by clicking on the content tickbox on registration. You should stop using the services if you do not agree with these terms. PEER LMS reserves the right without notice to block or deactivate any User account that breaches these terms of use.<\/span><\/p>

License to Use PEER LMS Services<\/b><\/h4>

The detailed terms of use follow:<\/b><\/h4>
  1. The User is granted a temporary, non-exclusive, non-transferable licence to access and view learning-related content on the \u201cPEER LMS platform\u201d (including but not limited to the online APIs, internet websites, android\/iOS mobile apps, and electronic content related to learning, careers, personal profiles and jobs) solely for non-commercial educational purposes for your own personal use (the \u201cPEER LMS Services\u201d). All other uses are expressly prohibited without the express written agreement of PEER LMS. The User is not allowed:<\/span><\/li><\/ol>

    1.1. To copy, transfer, rebrand, sub-licence, reverse engineer, modify, repackage, sell or deliver PEER LMS course material and content via any other third party Learning Management Systems or alternative online platforms.<\/span><\/p>

    1.2. To create and offer competing or derivative products and services to other third parties based on the PEER LMS courses and content.<\/span><\/p>

    1.3. To transmit any data with embedded viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.<\/span><\/p>

    Content and Warranties<\/b><\/h4>
    1. The PEER LMS Services include course content that is provided as is without further warranty or guarantee as to its completeness or accuracy.<\/span><\/li><\/ol>

      2.1. The learning material is not a substitute for professional advice and should not be relied upon. The User acknowledges that they use this learning content at their own risk.<\/span><\/p>

      2.2. The User acknowledges that PEER LMS and affiliates including publishers of the learning material expressly exclude, to the extent permitted by law, any and all:<\/span><\/p>

      2.2.1. warranties or assurances implied by statute, common law or law of equity on the delivery of the PEER LMS Services;<\/span><\/p>

      2.2.2. liability for loss or damage, whether direct, indirect, consequential, or otherwise that results from the use of and reliance upon the PEER LMS Services, or failure to use the PEER LMS Services due to software bugs or loss of service.<\/span><\/p>

      Data Privacy and Security<\/b><\/h4>
      1. In order to provide free Services PEER LMS collects data to uniquely identify each registered user and provide online advertising through globally recognised third parties in keeping with different global data privacy regulations.<\/span><\/li><\/ol>

        3.1. PEER LMS\u2019s Privacy and Data Protection Policy is publicly available on the PEER LMS website and gives complete details on how PEER LMS meets its obligations to registered learners.<\/span><\/p>

        3.1.1. <\/span>You as the User agree to be bound by the Privacy and Data Protection Policy.<\/span><\/p>

        3.1.2. Individual User learner records will remain on the PEER LMS platform unless the User explicitly closes their PEER LMS account and requests your personal account data to be deleted.<\/span><\/p>

        3.2. PEER LMS has a duty of care to its Users and learners to protect their personal information and learner records. This duty of care extends to the User to safeguard access credentials for the PEER LMS platform.<\/span><\/p>

        3.2.1. Access to the PEER LMS platform is strictly controlled and PEER LMS shall ensure that security measures shall be no less rigorous than accepted industry practices with respect to Data Security.<\/span><\/p>

        3.2.2. If the User discovers a suspected security breach on their account the User must change their password immediately and contact PEER LMS customer support immediately to facilitate investigation and minimise the impact of any breach.<\/span><\/p>

        Optional Paid Services<\/b><\/h4>
        1. PEER LMS offers optional paid-for services including non-transferable Certificates as individual proof of study (both for certificate courses and diploma courses), other merchandise as well as a monthly renewable premium service that excludes advertising.<\/span><\/li><\/ol>

          4.1. The Premium ad-free subscription will be enabled for a specific term as defined in the shopping basket depending on the option chosen by the User, typically for one month, one year, or a perpetual term that doesn\u2019t end. The ad-free experience will be made available on the User account immediately upon payment validation of the relevant fee.<\/span><\/p>

          4.1.1. The monthly and yearly subscription shall renew automatically at the end of each term unless cancelled.<\/span><\/p>

          4.1.2. The subscription disables all advertising from the PEER LMS platform and may include additional bonus features from time to time, including a discount voucher on purchases (currently equal to 10% discount) of Certificates or merchandise. Discount vouchers do not expire and will last beyond the termination of the Premium subscription at PEER LMS\u2019s discretion. One discount voucher code will be issued to the User account each month. Unspent monthly discount vouchers can be accumulated over time. No more than 5 vouchers representing a 50% reduction can be applied to a single product purchase. Users can also spread accumulated monthly discounts across multiple products (e.g. 10% off each of 5 different products) on the same purchase event. Bonus features are subject to change without notice.<\/span><\/p>

          4.1.3. The User can cancel at any time through their User Account.<\/span><\/p>

          4.1.4. The recurring fees will be subject to foreign exchange rate variation over time. PEER LMS reserves the right to change the amount of subscription fee from time to time and to vary fees across different jurisdictions. Any changes to a User\u2019s subscription fee will be communicated at least 30 days in advance of a renewal.<\/span><\/p>

          4.2. Purchased Certificates can be in multiple formats including digital pdf sent electronically, physical paper parchment that is sent by post (with an option to have the parchment set in a black wooden picture frame). Each Certificate purchase includes an Academic Transcript. This is a more detailed summary of the course you have completed on PEER LMS and contains your personal details, the final score you achieved, a course description and the Module names that you have completed within the course. It also contains an authentication link you can share to validate your achievement.<\/span><\/p>

          4.2.1. Digital Certificates can be downloaded directly from the User account dashboard after payment is finalised.<\/span><\/p>

          4.2.2. Parchment is printed on special paper containing security features such as embossed fibers, a ‘genuine’ metallic strip, the User\u2019s details, and a PEER LMS stamp.<\/span><\/p>

          4.2.3. The design, look and feel of the Certificates is subject to change from time to time, and is available to preview in the PEER LMS Shop prior to and during the purchase process. Once a User makes a purchase you accept the Certificate as is.<\/span><\/p>

          4.3. Only Standard shipping is available in the shopping cart for your physical purchases and the delivery time will depend on where in the world the User\u2019s delivery address is. Please allow up to 28 days for Standard shipping as this goes via national postal services.<\/span><\/p>

          4.4. User product returns and refund requests should be made to the PEER LMS Customer Service team via email. The team will respond by email and will confirm any successful requests. PEER LMS reserves the right to refuse a refund if not satisfied with the circumstances of the request.<\/span><\/p>

          4.4.1. Any digital Certificates that have not been downloaded from the PEER LMS platform can be cancelled and a refund will be provided. If the platform shows that the digital Certificate has been downloaded then no refund will be possible. If you have problems downloading digital Certificates please get in touch with the Customer Support team.<\/span><\/p>

          4.4.2. If a physical product has not yet been printed and shipped it will be cancelled and PEER LMS will make a full refund. If a physical product has already shipped then the User must return the product(s) and then PEER LMS will make a partial refund minus the original shipping fee incurred. If the User produces evidence to show that a product has been lost and undelivered within the expected maximum timeframe, PEER LMS reserves the right to either resend the product(s) or make a full refund at its discretion.<\/span><\/p>

          4.4.3. If a User has pre-ordered Certificates prior to completing a course, the User can cancel unredeemed Certificates and a refund will be provided. Any redeemed Certificates will not be refunded.<\/span><\/p>

          4.4.4. If a User cancels their Premium subscription prior to the end of their term, any unspent ad-free subscription time will remain in place in the case of a monthly subscription. No refunds will be available for unspent time on a monthly subscription. For annual terms, unspent time will be refunded with an adjustment of the fee on the basis of a conversion of the fee from an annual to a monthly subscription. PEER LMS will immediately notify the User of unspent time that will remain on the account and the refund amount when the Premium subscription is cancelled.<\/span><\/p>

          Referral Reward Program<\/b><\/h4>
          1. PEER LMS offers a \u201cReferral Reward\u201d as an incentive to existing registered Users to refer friends to register on the PEER LMS platform. Users and their referrals agree to the following additional terms:<\/span><\/li><\/ol>

            5.1. PEER LMS will provide the User with a unique referral link which should be used to invite a friend (a \u201cReferee\u201d). The User is free to share this link among friends or through social media as long as they do not exhibit harrassing behaviour.<\/span><\/p>

            5.2. For a Referring User to qualify for a reward, both the referrer and the referee must be registered PEER LMS Users. The Referee must not already have been a registered PEER LMS User. At least three (3) Referees from the unique referral link must register AND complete an PEER LMS course within 30 days of their respective registrations.<\/span><\/p>

            5.3. The Referring User can monitor the progress of their referral(s) and any Referral Award through their own User account dashboard.<\/span><\/p>

            5.4. More than one Referral Award may be granted to Referring User. The Referral Award is a 50% discount voucher on the cost of a Certificate purchase for a triplicate of referrals that purchase. If 25 referrals make a purchase, the Referral Award is a 50% discount voucher on the cost of a diploma purchase. The Referral Award cannot be substituted for cash and cannot be combined with any other PEER LMS offer.<\/span><\/p>

            5.5. Any suspected self-referrals or other fraudulent activity identified by PEER LMS\u2019s automated analytics will automatically disqualify the identified Users from participating in the Referral Rewards. PEER LMS has absolute discretion in determining if a User that exhibits questionable behaviour should be removed from the Referral Reward programme.<\/span><\/p>

            5.6. PEER LMS reserves the right to change, suspend or cancel the Referral Reward programme at any time without notice.<\/span><\/p>

            Affiliate Program<\/b><\/h4>

            6.1 PEER LMS operates an Affiliate Programme which is subject to a separate set of terms to be agreed between PEER LMS and a qualifying User that PEER LMS accepts onto the programme. A qualifying User must be a registered PEER LMS User subject to these Terms of Use.<\/span><\/p>

            Third-Party Trademarks<\/b><\/h4>
            1. Any product name, brand or logo trademarks belonging to third parties are not affiliated with PEER LMS and are not endorsed, sponsored or connected in any way unless explicitly stated otherwise.<\/span><\/li><\/ol>

              User Content and Conduct<\/b><\/h4>
              1. Opinions and views expressed by Publishers or Users on the PEER LMS platform and social media are those of the authors, and do not necessarily represent the views of PEER LMS.<\/span><\/li><\/ol>

                8.1. When making comments, posts, shares and other contributions to the platform Users shall be respectful and treat other Users with politeness and courtesy, and refrain from abusive or inappropriate conduct, spamming or in any other way undermine the good reputation of other Users or PEER LMS.<\/span><\/p>

                8.2. Any User that has comments or queries about PEER LMS Services should direct these to the Customer Support channel where they will be dealt with speedily and confidentially. Users should not use open communication channels on the platform for dealing with their support requests or venting their anger at any unresolved issues.<\/span><\/p>

                8.3. The User shall not express any views or post material which may be defamatory, sexually explicit, obscene, offensive, inflammatory, or hateful. The User will not impersonate others, be deceitful, promote illegal activity, harass other Users, incent violence or otherwise engage in unlawful activity on the platform.<\/span><\/p>

                8.4. PEER LMS reserves the right at its absolute discretion to remove any User generated content at any time that PEER LMS deems inappropriate.<\/span><\/p>

                Compliance with Laws<\/b><\/h3>
                1. Both PEER LMS and you the User are expected to abide by these terms of use and comply with applicable laws and government regulations.<\/span><\/li><\/ol>

                  9.1. Any deliberate violation of our Terms of Use, or unauthorised use of PEER LMS Services by the User will, at PEER LMS\u2019s absolute discretion, result in immediate and automatic suspension or blocking of User account access to PEER LMS Services without notice, penalty or claim against PEER LMS.<\/span><\/p>

                  9.2. The User will indemnify and hold PEER LMS (including its Affiliates, officers, directors, and employees) harmless against any claims, damages, losses or expenses (including reasonable legal fees) arising out of User breach of these Terms of Use or in relation to the User\u2019s negligence, wilful misconduct, improper or abusive usage of the platform.<\/span><\/p>

                  Deactivation of User Accounts<\/b><\/h4>
                  1. Either PEER LMS or the User can deactivate a User account at any time without reason, notice or further obligation. Where a User deactivates their account, PEER LMS will retain course tracking history data.<\/span><\/li><\/ol>

                    Governing Law and Jurisdiction<\/b><\/h4>
                    1. These Terms of Use constitute a binding agreement between PEER LMS and the User and are subject to the laws of Singapore. Any dispute arising out of this agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of Singapore.<\/span><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                      Free LMS Terms & Conditions<\/b><\/h3>

                      Introduction<\/b><\/h4>

                      PLEASE READ THESE ONLINE LEARNING MANAGEMENT SYSTEM TERMS AND CONDITIONS (“Agreement”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY Magicsoft Asia Systems, TRADING AS “PEER LMS” (“Supplier” as defined below).<\/span><\/p>

                      By accessing and using this website and the associated services, you agree on behalf of yourself or the organisation, company, or entity you represent (\u201cClient\u201d or \u201cyou\u201d) to be bound by the terms and conditions of this Agreement. You also represent that you have the authority to bind the Client to this Agreement. If you lack such authority, or if you do not agree to all terms and conditions herein, you must not accept this Agreement, and consequently, will not be granted rights to use the services provided by PEER LMS. Automated registrations by \u201cbots\u201d or similar methods are prohibited. PEER LMS\u2019s agreement to these terms is specifically contingent upon your acceptance of all terms and conditions contained within this Agreement, to the exclusion of any other. If this Agreement is regarded as an offer by PEER LMS, your acceptance is strictly limited to the terms of this Agreement.<\/span><\/p>

                      Magicsoft Asia Systems, a company registered in Galway, Singapore and trading under the name \u201cPEER LMS,\u201d commits to providing online learning services, inclusive of our Free Learning Management System [FLMS] as per this Agreement. In order to accept the Client as a genuine business, PEER LMS requires that you as the authorised registering agent of the Company have your registered User email address domain to be equivalent to that of the company website domain.<\/span><\/p>

                      Our commitment to each other<\/b><\/h4>

                      PEER LMS provides free learning on a global scale for all Users, commercially made possible through online advertising and other optional paid services such as the purchase of certificates of completion (together hereinafter \u201cCertificates\u201d) for diploma and certificate courses.<\/span><\/p>

                      To operate successfully PEER LMS Services as defined below are subject to the \u201cStandard B2B Terms of Use\u201d outlined herein. You, the acting agent on behalf of the Client, hereby consent to these terms by continuing to use the PEER LMS Services and\/or by clicking on \u201cAccept\u201d on registration of your business.<\/span><\/p>

                      You should stop using the services if you do not agree with these terms. PEER LMS reserves the right without notice to block or deactivate any Client or User account that breaches these terms of use.<\/span><\/p>

                      The Client is responsible to ensure that your nominated Users understand and agree to the terms of use outlined herein. Users will also be able to separately review PEER LMS\u2019s User Terms of Use.<\/span><\/p>

                      Standard B2B Terms of Use<\/b><\/h3>

                      Version 1.2 to be published Sept 2023<\/b><\/h4>

                      These terms of use relate to the PEER LMS platform and processes to deliver PEER LMS Services to a business Client and its employees (hereinafter \u201cUsers\u201d). If you the Business Client and\/or your employees use the PEER LMS Services this policy applies to you and you are bound by it. You confirm that you are authorised to act on behalf of the Client and you agree to be bound by these terms of use.<\/span><\/p>

                      If you disagree you must stop using PEER LMS Services and close your Business account with PEER LMS.<\/span><\/p>

                      License to Use PEER LMS Services<\/b><\/h3>

                      The detailed terms of use follow:<\/b><\/h4>

                      All Client learners who access the PEER LMS platform will be subject to the \u2018General Terms & Conditions\u2019 for usage of the PEER LMS site. The Client is responsible for informing its users of these General Terms & Conditions.<\/span><\/p>

                      1. The Client and its Learners are additionally subject to the PEER LMS\u2019s B2B Terms of Use outlined here.<\/span><\/li>
                      2. The Client is granted a temporary, non-exclusive, non-transferable licence to access and view PEER LMS platform learning-related content solely for non-commercial educational purposes for your employees. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any PEER LMS platform content without explicit written permission to do so.<\/span><\/li><\/ol>

                        FreeLMS Tier Services<\/b><\/h4>
                        1. For the avoidance of doubt – the fee-free services in the FreeLMS Tier contain advertising and do not include any free digital certificates or diplomas. Advertising shall not be removed unless a subscription service has been purchased.<\/span><\/li><\/ol>

                          3.1 The FreeLMS Tier shall be free up to unlimited Client learners.<\/span><\/p>

                          3.2 All Client learners who complete courses or diplomas under the FreeLMS Tier may, entirely at their own discretion, purchase and pay PEER LMS for certificates and diplomas. The publicly published fees become payable upon completion.<\/span><\/p>

                          3.3 The Client may bulk purchase certificates in advance which will be subject to a range of discounts on the standard certification rate of EUR30 per certificate (or diploma) depending on the volume of certificates purchased. Discounts offered may change from time to time, details of which can be found on PEER LMS\u2019s FLMS shop.<\/span><\/p>

                          3.4 All PEER LMS Services are provided as is and without any further warranty as to fitness for purpose or freedom from bugs or faults.<\/span><\/p>

                          3.4.1 The Client agrees to hold PEER LMS harmless from any liability whatsoever arising.<\/span><\/p>

                          3.4.2 There will be no refunds for any unused or disputed services.<\/span><\/p>

                          3.4.3 The Client agrees to hold PEER LMS harmless from any liability however arising unless otherwise agreed herein. Any liability claimed by the Client shall in any event be limited to the equivalent of one Annual Fee paid to PEER LMS unless provided for otherwise herein. In the case of the Free LMS, no liability whatsoever will be accepted.<\/span><\/p>

                          Termination of Agreement<\/b><\/h4>
                          1. Either PEER LMS or the Client may terminate this agreement at any time without notice or further obligation, and PEER LMS reserves the right to modify or withdraw the service and fees at any time.<\/span><\/li><\/ol>

                            User Data and Privacy<\/b><\/h4>
                            1. In order to provide the Services PEER LMS must collect the email and name for each registered user in keeping with different global data privacy regulations as outlined on this website. User emails must match the domain of the Client\u2019s website url or they will not be recognised as learners attached to the Client business.<\/span><\/li><\/ol>

                              Data Security and Client Responsibilities<\/b><\/h4>
                              1. In line with European data protection and privacy laws, PEER LMS acts as an independent data controller. PEER LMS has a duty of care to its users and learners and to protect their personal information and learner records. This duty of care extends to the Client when they use credentials provided by PEER LMS to access the PEER LMS API service or other Group features.<\/span><\/li><\/ol>

                                6.1 The Client must take all reasonable care and precaution to safeguard such credentials and sensitive data from any direct or inadvertent disclosure whether through negligence or otherwise.<\/span><\/p>

                                6.2 The Client agrees to fully indemnify PEER LMS against any and all costs related to the Client\u2019s failure to maintain the necessary safeguards to protect user and learner information.<\/span><\/p>

                                Data Processing and Storage<\/b><\/h4>
                                1. PEER LMS will not act as a data processor on behalf of the Client and will not take data directly from the Client other than information to allow the Client learner to be identified (Name and unique email address).<\/span><\/li><\/ol>

                                  7.1 For the avoidance of doubt, PEER LMS operates a shared data platform and no physical segregation of data or hardware will be provided to service the Client. Data will be stored, processed, and maintained solely on the PEER LMS cloud platform and at all times. No Personally Identifiable Information (PII) will be processed on or transferred by PEER LMS to any portable or laptop computing device or any portable storage medium.<\/span><\/p>

                                  7.2 Access to the PEER LMS platform and learner data shall be strictly controlled, and the platform has been hardened against cyber attack with adequate security measures in place to keep all data protected and encrypted.<\/span><\/p>

                                  7.3 PEER LMS\u2019s obligations under the European and Irish data protection laws and directives are legal obligations for PEER LMS\u2019s contracted and authorised employees.<\/span><\/p>

                                  7.4 PEER LMS shall ensure that security measures shall be no less rigorous than accepted industry practices with respect to Data Security.<\/span><\/p>

                                  7.5 The Client and\/or its users may at their own election decide to share some Personally Identifiable Information (PII) with PEER LMS or other members on the PEER LMS platform. PEER LMS will not share any PII data with any third party at any point in time without the explicit consent of the user.<\/span><\/p>

                                  7.6 If the Client controls its learner identities (for example through the use of Company Emails) then the Client is responsible for the access to these learner records.<\/span><\/p>

                                  7.7 Either party May terminate this agreement with or without cause at any time without notice and without any claim on the other party and without Client refund for any unused portion of the subscription service. Upon termination of this agreement PEER LMS shall remove all registered company data relating to the Client. Individual employee learner records will remain on the PEER LMS platform. If a learner chooses to independently maintain their learner record on the PEER LMS platform then PEER LMS will support that behaviour.<\/span><\/p>

                                  Security Breach Protocol<\/b><\/h4>
                                  1. In case of discovery of a suspected Security Breach by one of the Parties, the discovering Party shall immediately inform the other Party and the Parties shall coordinate with each other to minimise the impact of security breach and shall investigate the Security Breach.<\/span><\/li><\/ol>

                                    8.1 The Parties agree to fully cooperate on any suspected breach or unauthorised disclosure by:<\/span><\/p>

                                    8.1.1 assisting with any investigation;<\/span><\/p>

                                    8.1.2 facilitating access to each other’s’ employees and any third parties that may be involved in the matter; and<\/span><\/p>

                                    8.1.3 making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards or as otherwise reasonably required.<\/span><\/p>

                                    8.2 The Parties shall use best efforts to immediately remedy any Security Breach and prevent any further Security Breach. Each of the Parties shall be responsible for their own expenses and costs in relation to the remedy of any breach.<\/span><\/p>

                                    8.3 Each of the Parties shall defend, indemnify and hold harmless the other Party, and its respective officers, directors, employees, successors and permitted assigns from and against all reasonable direct losses, costs or expenses, including reasonable attorneys\u2019 fees, the cost of enforcing any right to indemnification hereunder arising out of or resulting from any bona fide third party claim against one of the Parties arising out of or resulting from any established negligence on behalf of the Party at fault in complying with its obligations under this agreement and the applicable privacy and data protection Acts.<\/span><\/p>

                                    Permitted and Prohibited Uses<\/b><\/h4>
                                    1. Permitted Fair Use of the PEER LMS platform by the Client includes the following:<\/span><\/li><\/ol>

                                      9.1 To provide Client employees on an individual basis with direct co-branded search and access to the PEER LMS collection of publicly available courses and diploma education.<\/span><\/p>

                                      9.2 To look up and retrieve individual and group learner progress reports on enrollment, learning, completion and assessments from the PEER LMS Learner Record Store.<\/span><\/p>

                                      9.3 To independently tabulate the total number of certificates and diplomas achieved by employees each month and to create an independent statement of account between PEER LMS and the Client on PEER LMS fees (including discounts, where offered) for awarding certification and diplomas to Client employees.<\/span><\/p>

                                      9.4 Further permitted uses as may be agreed in writing between PEER LMS and the Client from time to time.<\/span><\/p>

                                      9.5 Only PEER LMS certification can be sold for PEER LMS courses irrespective of how any envisaged integration may be done with Client systems. The Client is expressly prohibited from repackaging and\/or reselling PEER LMS content and certification without prior written authorisation from a legal representative of PEER LMS.<\/span><\/p>

                                      9.6 Any other or unauthorised use of PEER LMS Services may result in immediate and automatic suspension or blocking of access by the Client to PEER LMS Services without refund or further penalty and claims against PEER LMS.<\/span><\/p>

                                      9.7 The Services may NOT be used as follows without the express written agreement of PEER LMS:<\/span><\/p>

                                      9.7.1 To copy, migrate, transfer, rebrand, modify or deliver PEER LMS course material via any internal Client systems or Learning Management Systems.<\/span><\/p>

                                      9.7.2 To offer learning or certification to the Client\u2019s own customers or other third parties, whether paid or free.<\/span><\/p>

                                      Governing Law and Dispute Resolution<\/b><\/h4>
                                      1. This Agreement shall be governed by and construed by the laws of Singapore and the forum for any legal claims or disputes shall be the courts of Singapore.<\/span><\/li>
                                      2. Any dispute or difference between the Parties (\u201cDispute\u201d) arising out of or in connection with this Agreement including but not limited to performance, termination or breach thereof, which cannot be amicably settled first through mutual negotiations shall entitle the offended Party to refer such Dispute for resolution in accordance with the rules of the London Court of International Arbitration with a sole arbitrator mutually appointed by the respective counsel of each of the Parties.<\/span><\/li><\/ol>

                                        11.1 The proceedings shall be conducted in the English language and be subject to the laws of the Republic of Singapore.<\/span><\/p>

                                        11.2 The place of arbitration shall be London (but a virtual hearing venue will be permitted).<\/span><\/p>

                                        11.3 The arbitration tribunal award shall be binding on both Parties.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                        LMS+ Terms & Conditions<\/h3>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                        Applicability of Terms<\/b><\/h4>

                                        These LMS+ terms of use apply in addition to the Standard B2B Terms of Use:<\/b><\/h4>
                                        1. These terms of use relate to the PEER LMS platform and processes to deliver PEER LMS LMS+ Services to you as PEER LMS\u2019s Client and your employees (hereinafter \u201cUsers\u201d or \u201cLearners\u201d). You confirm that you are authorised to represent and bind the Client as its agent. If you and\/or your Users use the PEER LMS LMS+ Services you will be bound by these terms.<\/span><\/li>
                                        2. All Client Learners and Users who access the PEER LMS platform will be subject to the \u2018General Terms & Conditions\u2019 of the PEER LMS site. The Client is responsible for informing its Users of these General Terms & Conditions. The Client and its Learners are additionally subject to PEER LMS\u2019s Standard B2B Terms of Use outlined in the Free Learning Management System as well as PEER LMS\u2019s LMS+ Terms of Use as outlined herein for paid plan services. These include Standard B2B terms related to liability, data protection, security, governing law and arbitration.<\/span><\/li><\/ol>

                                          Subscription Plans and Services<\/b><\/h4>
                                          1. Paid services are available as tiered subscription plans and PEER LMS reserves the right to change the plans, services, offerings and charges for each plan at its absolute discretion from time to time.<\/span><\/li><\/ol>

                                            Pricing and Offers<\/b><\/h4>
                                            1. All pricing and offers are subject to change and will be governed by the contents of the LMS Shop and Billing Page when PEER LMS paid subscription plans are ordered and paid for.<\/span><\/li><\/ol>

                                              Payment Terms and Conditions<\/b><\/h4>
                                              1. All orders for paid subscription plans become binding upon successful payment.<\/span><\/li><\/ol>

                                                5.1 Payment may be by monthly renewable terms or annually for fixed 12 month terms on discounted rates. Once paid, a paid plan will run for the agreed term and cannot be cancelled or refunded.<\/span><\/p>

                                                5.2 A number of payment options are available from the online shop, including debit or credit card payments via online payment service providers and banks which may change from time to time.<\/span><\/p>

                                                5.3 Invoices, account statements of payment records will be available through the LMS Shop and Billing Page.<\/span><\/p>

                                                5.4 If your subscription plan includes an entitlement to a number of free certificates – these certificates will expire at the end of the month they were granted and therefore must be claimed in the month in which they become available by Learners who complete courses. Such certificates by subscription will not accumulate and will not roll over from month to month and once they expire they can no longer be claimed.<\/span><\/p>

                                                Subscription Upgrades<\/b><\/h4>
                                                1. Paid plans can be upgraded at any time during a fixed term, whether a monthly or annual term. Unspent credit on the unexpired term of the previous paid plan will be calculated pro rata and applied as a discount toward the payment required under the new upgraded paid plan.<\/span><\/li><\/ol>

                                                  Subscription Downgrades<\/b><\/h4>
                                                  1. Paid plans can be downgraded to a lower cost plan through the LMS shop at any time but the subscription change will only take effect after completing the auto-renewal at the expiry of the current plan term.<\/span><\/li><\/ol>

                                                    7.1 Annual plans cannot be downgraded to a monthly plan during the fixed 12 month term.<\/span><\/p>

                                                    7.2 Expiring paid plans cannot be downgraded to the Free Learning Management System (Free LMS) service at the end of the fixed term.<\/span><\/p>

                                                    7.3 If the Client wishes to terminate their subscription to a paid plan and revert to the unpaid FLMS service at the end of the agreed term, they must engage with a Learning Advisor to review their requirements and understand how Learner data may be impacted by the switch.<\/span><\/p>

                                                    7.4 The Client will experience a loss of functionality and may lose access to some data in case of downgrade.<\/span><\/p>

                                                    Automatic Renewal and Termination<\/b><\/h4>
                                                    1. All paid plan subscriptions will be automatically renewed and you must get in contact with a Learning Advisor or Customer Services if you wish to terminate your plan renewal so that you understand any potential impact on your data and Learners. If your plan is terminated you will revert to the Free LMS plan.<\/span><\/li><\/ol>

                                                      8.1 If your auto-renewal should fail for any reason whatsoever (including credit card expiry etc) a 2 week grace period will remain in place for the problem to be resolved, failing which the Client account will then become locked to Learners and Users until the problem is resolved or the renewal is cancelled.<\/span><\/p>

                                                      8.2 If you experience any problems with renewals please get in touch with a Learning Advisor or Customer Services to avoid cancellation by PEER LMS at the end of term.<\/span><\/p>

                                                      Consequences of Downgrades or Terminations<\/b><\/h4>
                                                      1. Subscription downgrades, PEER LMS cancellations or subscription terminations which revert to Free LMS may result in diminished service functionality and potential loss of certain Client and Learner data. PEER LMS accept no liability for any loss or claim from the Client as a result of the expiry of a paid plan.<\/span><\/li><\/ol>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                                        PEER LMS API Contract<\/b><\/h3>

                                                        This Agreement is<\/span><\/p>

                                                        BETWEEN<\/b><\/h6>
                                                        1. Magicsoft Asia Systems, trading as PEER LMS, with registered office address at 2 Venture Dr, #24-01 Vision Exchange, Singapore (hereinafter \u201cPEER LMS\u201d); and<\/span><\/li>
                                                        2. with registered office address at __________ and company registration number________ (hereinafter \u201cClient\u201d); each a Party and together \u201cthe Parties\u201d.<\/span>
                                                          <\/span>WHEREAS:<\/span><\/li><\/ol>

                                                          1) PEER LMS provides a range of products and services related to online education and skills training for the global marketplace through the web, mobile applications and API services (hereinafter \u201cServices\u201d).<\/span><\/p>

                                                          2) The Client is a (mention line of business), dedicated to providing learning platforms to (businesses\/clients etc) at various geographies (mention primary regions).<\/span><\/p>

                                                          3) The Client wants to provide independent online learning and training opportunities to its business and institutional customers including their users and learners.<\/span><\/p>

                                                          4) The Client already uses an existing online Learning Management System (LMS) to keep a record of any training completed by its learners; and<\/span><\/p>

                                                          5) The Parties wish to establish the terms on which a service provided by PEER LMS is procured by the Client.<\/span><\/p>

                                                          The Parties now hereby agree as follows:<\/b><\/h3>
                                                          1. PEER LMS will provide a range of free online learning services including the following features:<\/span><\/li><\/ol>

                                                            1.1. Free access to over four thousand courses published on the PEER LMS platform.<\/span><\/p>

                                                            1.2. Access to the Learner Record Store containing all learning activities undertaken by users as learners; and<\/span><\/p>

                                                            1.3. Regular automated reporting of learning progression at an individual learner and a management dashboard for learner onboarding and progress monitoring.<\/span><\/p>

                                                            1. All Client learners who access the PEER LMS platform will be subject to the \u2018General Terms & Conditions\u2019 for usage of the PEER LMS site. The Client is responsible for ensuring its customers and their respective learners are aware of these General Terms & Conditions. Unless otherwise specified herein, the Client and its customers are also subject to the PEER LMS Standard B2B Terms outlined in Schedule One attached hereto.<\/span><\/li><\/ol>

                                                              Optional Fees<\/b><\/h3>
                                                              1. PEER LMS optional Fees include both bulk pre-purchased certificates (hereinafter \u201cBulk Purchase\u201d) and\/or an annual subscription fee (hereinafter \u201cAnnual Subscription\u201d). The Client hereby agrees to procure the following additional services and pay the corresponding Fees:<\/span><\/li><\/ol>

                                                                3.1. An Annual Subscription of Singapore Dollar [2,500] which is calculated as a combination of the following selected services:<\/span><\/p>

                                                                3.1.1. [ Not Applicable ] for an Ad-Free experience for Client\u2019s learners while using the PEER LMS platform;<\/span><\/p>

                                                                plus<\/span><\/p>

                                                                3.1.2. [ SGD 2,500 ] for access to an integrated API service whereby PEER LMS electronically provides learner progress information to the Client subject to PEER LMS\u2019s Fair Use Policy (hereinafter \u201cPEER LMS API\u201d); plus<\/span><\/p>

                                                                1. All optional Fees will be combined and invoiced in advance as a single Annual Fee. PEER LMS may entirely at its own discretion agree to issue multiple invoices with different payment dates and terms for the Annual Fee, in which case the payment terms of the invoices will supersede the Fee payment terms of this agreement.<\/span><\/li><\/ol>

                                                                  4.1. The Fees agreed herein exclude all applicable local sales taxes if any. PEER LMS reserves the right to charge for taxes if so directed by legislation and regulations in force from time to time either at the point of supply or point of use.<\/span><\/p>

                                                                  4.2. The Annual Fee agreed to herein is due immediately and unless agreed otherwise via multiple invoices as provided for herein, the Annual Fee must be paid within 30 days of signing of this Agreement. PEER LMS will issue an invoice to the Client for the full amount of the Annual Subscription upon signing of this Agreement. If PEER LMS offers you a short paid trial period for additional add-on services (\u201cTrial Period\u201d), you will receive two invoices – one invoice to cover the initial Trial Period, details of which will be included in the invoice, and a second invoice to cover the balance of the Annual Fee to complete the first year of add-on services. You may cancel the add-on services at any time during the Trial Period and request a credit note for the second invoice if already issued.<\/span><\/p>

                                                                  4.3. PEER LMS will allocate pre-purchased certificates, if any, to Client learners upon each individual completion on the following basis:<\/span><\/p>

                                                                  4.3.1. NOT APPLICABLE<\/span><\/p>

                                                                  4.3.2. Where allocation happens through PEER LMS-issued vouchers, the vouchers will be granted directly to the Client who will be responsible for further distribution and allocation of the vouchers to its nominated learners without further input from PEER LMS. Completing and purchasing Learners will be able to use vouchers available to them, if any, to order digital certificates without additional charge.<\/span><\/p>

                                                                  4.3.3. Once vouchers or free certificate allocations are used, Client learners will only be able to get certification through online purchase at the prevailing public price.<\/span><\/p>

                                                                  1. All PEER LMS Services are provided as is and without any further warranty as to fitness for purpose nor freedom from bugs or faults. There will be no refunds for any unused or disputed services. The Client agrees to hold PEER LMS harmless from any liability howsoever arising unless otherwise agreed herein. Any liability claimed by the Client shall in any event be limited to the Annual Fee paid to PEER LMS unless provided for otherwise herein.<\/span><\/li><\/ol>

                                                                    Term<\/span><\/p>

                                                                    1. The term of this Agreement will be for an initial period of 12 (twelve) months, and will automatically renew on its first anniversary.<\/span><\/li><\/ol>

                                                                      6.1. Upon renewal, the Agreement will continue for a further 12 months.<\/span><\/p>

                                                                      6.2. The Annual Fee (including all the individual service options selected herein to make up that fee) for the next year will become due on the first anniversary and will be invoiced and payable on each subsequent anniversary unless terminated.<\/span><\/p>

                                                                      6.3. The Client may subscribe for additional Services at any time with a further written agreement with PEER LMS.<\/span><\/p>

                                                                      6.4. Where the Client procures the PEER LMS API service, the start of the term shall be deemed to commence from the date of first successful integration between the PEER LMS API and the Client\u2019s system interface, or 30 days from the date of signing of this Agreement, whichever comes first.<\/span><\/p>

                                                                      6.5. Either one of the Parties may provide a written notice of its intention to terminate the renewal on the first and each subsequent Anniversary with 30 days prior notice. PEER LMS API<\/span><\/p>

                                                                      1. Technical integration support is not provided as part of the PEER LMS API solution. The client can however send in their queries to the B2B team who will liaise with the PEER LMS Tech Team to help ensure a successful connection has been established. connection has been established.<\/span><\/li><\/ol>

                                                                        7.1. Additional support can be purchased at a rate of [EUR500] per day or part thereof and will be invoiced separately on receipt of a purchase order from Client.<\/span><\/p>

                                                                        7.2. PEER LMS will not provide any hardware nor any hardware support to the Client for API integration.<\/span><\/p>

                                                                        1. The PEER LMS API will provide unrestricted access to all public courses live on the PEER LMS online learning platform, subject to the Standard Terms and Permitted and Prohibited Uses outlined in Schedule One of this agreement.<\/span><\/li><\/ol>

                                                                          8.1. Client must not share PEER LMS API access details nor credentials with any other partner or organisation.<\/span><\/p>

                                                                          8.2. Any unauthorised use of the PEER LMS API credentials granted to the Client may result in suspension of Client access or termination for cause without financial loss or penalty to PEER LMS. Termination<\/span><\/p>

                                                                          1. This Agreement will provide for termination for cause where any identified problem is notified in writing by one of the Parties to the offending party and the offending party fails to rectify the problem within 30 days of written notification (the \u201cRectification Period\u201d). Such causes may include any industry-standard conditions that may apply to either of the Parties including, but not limited to:<\/span><\/li><\/ol>

                                                                            9.1. Winding up of business activity or insolvency, international sanctions, or the criminal conviction or declaration of bankruptcy of any officer of any of the Parties;<\/span><\/p>

                                                                            9.2. Breach of the other’s confidentiality;<\/span><\/p>

                                                                            9.3. Failure to execute financial payments per the terms of the agreement;<\/span><\/p>

                                                                            9.4. Unauthorised security breach or data disclosure;<\/span><\/p>

                                                                            9.5. Bringing the good name of PEER LMS into disrepute;<\/span><\/p>

                                                                            9.6. Failure to comply with Fair Use of the PEER LMS platform and API, or any other unauthorised or competing usage that is not specifically contemplated herein.<\/span><\/p>

                                                                            9.7. Material breach of contract.<\/span><\/p>

                                                                            Other terms and conditions<\/span><\/p>

                                                                            1. This Agreement will not be assignable by either party without the written approval of the other. Neither party has the right nor authority to act as an agent of the other.<\/span><\/li>
                                                                            2. The Parties agree to keep confidential the terms of this agreement and any other shared confidential information that is not already in the public domain. Failure to do so by one Party without the written agreement of the other Party will constitute a breach of this agreement and may be cause for termination of this agreement.<\/span><\/li>
                                                                            3. This Agreement shall be governed by and construed by the laws of Singapore and the forum for any legal claims or disputes shall be the courts of Singapore.<\/span><\/li>
                                                                            4. Any dispute or difference between the Parties (\u201cDispute\u201d) arising out of or in connection with this Agreement including but not limited to performance, termination or breach thereof, which cannot be amicably settled first through mutual negotiations during the Rectification Period, shall entitle the offended Party to refer such Dispute for resolution in accordance with the rules of the London Court of International Arbitration with a sole arbitrator mutually appointed by the respective counsel of each of the Parties.<\/span><\/li><\/ol>

                                                                              13.1. The proceedings shall be conducted in the English language.<\/span><\/p>

                                                                              13.2. The place of arbitration shall be London (but a virtual hearing venue will be permitted).<\/span><\/p>

                                                                              13.3. The arbitration tribunal award shall be binding on both Parties. Signed on behalf of the Parties by their authorised representatives:<\/span><\/p>

                                                                              SCHEDULE ONE<\/span><\/p>

                                                                              PEER LMS Standard B2B Terms<\/span><\/p>

                                                                              1. The Client is granted a temporary, non-exclusive, non-transferable licence to access and view PEER LMS platform learning-related content solely for non-commercial educational purposes for your employees and where agreed in writing, other specified learners and users. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any PEER LMS platform content without explicit written permission to do so.<\/span><\/li>
                                                                              2. In order to provide the Services PEER LMS must collect the email and name for each registered user in keeping with different global data privacy regulations. PEER LMS\u2019s Privacy Policy is publicly available on the PEER LMS website and gives further details on how PEER LMS meets its obligations to registered learners.<\/span><\/li>
                                                                              3. In line with European data protection and privacy laws, PEER LMS acts as an independent data controller. PEER LMS has a duty of care to its users and learners and to protect their personal information and learner records. This duty of care extends to the Client when they use credentials provided by PEER LMS to access the PEER LMS API service or other Group features.<\/span><\/li><\/ol>

                                                                                3.1. The Client must take all reasonable care and precaution to safeguard such credentials and sensitive data from any direct or inadvertent disclosure whether through negligence or otherwise.<\/span><\/p>

                                                                                3.2. The Client agrees to fully indemnify PEER LMS against any and all costs related to the Client\u2019s failure to maintain the necessary safeguards to protect user and learner information.<\/span><\/p>

                                                                                1. PEER LMS will not act as a data processor on behalf of the Client and will not take data directly from the Client other than information to allow the Client learner to be identified (Name and unique email address).<\/span><\/li><\/ol>

                                                                                  4.1. For the avoidance of doubt, PEER LMS operates a shared data platform and no physical segregation of data or hardware will be provided to service the Client. Data will be stored, processed, and maintained solely on the PEER LMS cloud platform and at all times. No Personally Identifiable Information (PII) will be processed on or transferred by PEER LMS to any portable or laptop computing device or any portable storage medium.<\/span><\/p>

                                                                                  4.2. Access to the PEER LMS platform and learner data shall be strictly controlled, and the platform has been hardened against cyber attack with adequate security measures in place to keep all data protected and encrypted.<\/span><\/p>

                                                                                  4.3. PEER LMS\u2019s obligations under the European and Irish data protection laws and directives are legal obligations for PEER LMS\u2019s contracted and authorised employees.<\/span><\/p>

                                                                                  4.4. PEER LMS shall ensure that security measures shall be no less rigorous than accepted industry practices with respect to Data Security.<\/span><\/p>

                                                                                  4.5. PEER LMS shall be responsible for any unauthorised collection, receipt, transmission, access, storage, disposal, use and disclosure of Client data transferred to the PEER LMS platform through the Client\u2019s integration with the PEER LMS API or other electronic means.<\/span><\/p>

                                                                                  4.6. The Client and\/or its users may at their own election decide to share some Personally Identifiable Information (PII) with PEER LMS or other members on the PEER LMS platform. PEER LMS will not share any PII data with any third party at any point in time without the explicit consent of the user.<\/span><\/p>

                                                                                  4.7. If the Client controls its learner identities (for example through the use of Company Emails) then the Client is responsible for the access to these learner records.<\/span><\/p>

                                                                                  4.8. Where the PEER LMS API service is used the Client expressly acknowledges that it alone has control of any data (including personal identifiers and\/or email addresses) that its integrated people management system or Learning Management System may send to the PEER LMS API.<\/span><\/p>

                                                                                  4.8.1. PEER LMS will generate new data based on the enrollment and learning done by any user permitted via the Client integration, and the purpose of the API integration is to<\/span><\/p>

                                                                                  share that new PEER LMS data by return to the Client through the integrated API.<\/span><\/p>

                                                                                  4.8.2. Under no circumstances should the Client send any confidential employment or remuneration data to PEER LMS through the API or any other communication channel.<\/span><\/p>

                                                                                  4.9. Upon termination of this agreement PEER LMS shall remove all registered company data relating to the Client. Individual employee learner records will remain on the PEER LMS platform. If a learner chooses to independently maintain their learner record on the PEER LMS platform then PEER LMS will support that behaviour.<\/span><\/p>

                                                                                  1. In case of discovery of a suspected Security Breach by one of the Parties, the discovering Party shall immediately inform the other Party and the Parties shall coordinate with each other to minimise the impact of security breach and shall investigate the Security Breach.<\/span><\/li><\/ol>

                                                                                    5.1. The Parties agree to fully cooperate on any suspected breach or unauthorised disclosure by: 5.1.1. assisting with any investigation;<\/span><\/p>

                                                                                    5.1.2. facilitating access to each other’s’ employees and any third parties that may be involved in the matter; and<\/span><\/p>

                                                                                    5.1.3. making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards or as otherwise reasonably required.<\/span><\/p>

                                                                                    5.2. The Parties shall use best efforts to immediately remedy any Security Breach and prevent any further Security Breach. Each of the Parties shall be responsible for their own expenses and costs in relation to the remedy of any breach.<\/span><\/p>

                                                                                    5.3. Each of the Parties shall defend, indemnify and hold harmless the other Party, and its respective officers, directors, employees, successors and permitted assigns from and against all reasonable direct losses, costs or expenses, including reasonable attorneys\u2019 fees, the cost of enforcing any right to indemnification hereunder arising out of or resulting from any bona fide third party claim against one of the Parties arising out of or resulting from any established negligence on behalf of the Party at fault in complying with its obligations under this agreement and the applicable privacy and data protection Acts.<\/span><\/p>

                                                                                    1. Permitted Fair Use of the PEER LMS platform and PEER LMS API by the Client includes the following:<\/span><\/li><\/ol>

                                                                                      6.1. To provide Client employees on an individual basis with direct co-branded search and access to the PEER LMS collection of publicly available courses and diploma education.<\/span><\/p>

                                                                                      6.2. To look up and retrieve individual and group learner progress reports on enrollment, learning, completion and assessments from the PEER LMS Learner Record Store.<\/span><\/p>

                                                                                      6.3. To independently tabulate the total number of certificates and diplomas achieved by employees each month and to create an independent statement of account between PEER LMS and the Client on PEER LMS fees (including discounts, where offered) for awarding certification and diplomas to Client employees.<\/span><\/p>

                                                                                      6.4. Further permitted uses as may be agreed in writing between PEER LMS and the Client from time to time.<\/span><\/p>

                                                                                      6.5. Only PEER LMS certification can be sold for PEER LMS courses irrespective of how any envisaged integration may be done with Client systems. The Client is expressly prohibited from repackaging and\/or reselling PEER LMS content and certification without prior written authorisation from a legal representative of PEER LMS.<\/span><\/p>

                                                                                      6.6. Any other or unauthorised use of PEER LMS Services or the API credentials may result in immediate and automatic suspension or blocking of access by the Client to PEER LMS Services without refund or further penalty and claims against PEER LMS.<\/span><\/p>

                                                                                      6.7. The Services and PEER LMS API may NOT be used as follows without the express written agreement of PEER LMS:<\/span><\/p>

                                                                                      6.7.1. To copy, migrate, transfer, rebrand, modify or deliver PEER LMS course material via any internal Client systems or Learning Management Systems.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

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                                                                                      Privacy and Data Protection Policy<\/h2>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t
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                                                                                      The policy relates to the PEER LMS platform and all user data collected and managed through the platform to deliver PEER LMS Services. If you use PEER LMS Services (a \u201cUser\u201d) <\/span>this policy applies to you and you are bound<\/span> by it. If you disagree you must stop using PEER LMS Services and close your account.<\/span><\/p>\n

                                                                                      Our commitment<\/b><\/h4>\n

                                                                                      Magicsoft Asia Systems trades as \u201cPEER LMS\u201d, and is located in Galway, Singapore. PEER LMS respects User\u2019s rights regarding their privacy and information, taking great care with any personally identifying information. As an Irish domiciled entity, the PEER LMS platform is subject to the laws of Singapore and regulations of the E.U. The General Data Protection Regulation (effective from May 2018) and Data Protection Acts 1988-2018 in Singapore apply to the safeguarding and processing of personal data that could be used to identify any citizens of the E.U.. PEER LMS is committed to complying with its legal obligations in this regard, not just to data subjects (Users) in the E.U. but to extend the same courtesy to <\/span>all PEER LMS Users worldwide.<\/span><\/p>\n

                                                                                      This policy is based on obligations created through General Data Protection Regulation in the E.U. and other equivalent legislation worldwide such as the California Consumer Privacy Act in the US<\/span><\/p>\n

                                                                                      Collection, processing and storage of data<\/b><\/h3>\n

                                                                                      The PEER LMS platform may collect and process personal data relating to past and present users and learners in the course of business. PEER LMS collects data directly from the User input but also in automated ways such as through system logs, cookies, web beacons and integration with third party service providers. Processing of data includes: collecting; recording; storing; altering; disclosing; destroying; and blocking. This policy governs PEER LMS\u2019s approach to data and does not apply to any third party organisations which may have integrated their systems to the PEER LMS platform.<\/span><\/p>\n

                                                                                      Personally Identifying Information (PII)<\/span> may be required to uniquely identify a User upon <\/span>Registration<\/span> (e.g. a personal email address) and other information may be required to complete purchases and receive certification if requested. You may also be invited to create a personal profile and resum\u00e9 (including date of birth, existing education, work<\/a> experience and career ambitions) and to generate or supply other personal information (such as completing personality, psychometric and workplace assessments) to build out your profile to determine your suitability for different careers, job opportunities and to establish your own tailored learning pathway. You will have the option to share or unshare some or all of this information in your own public profile.<\/span><\/p>\n

                                                                                      Personal data is stored within your User account on the platform and access is completely restricted via encrypted networks and access permissions in order to ensure the highest levels of confidentiality and protection. No personal data is available to download or remove from the platform by employees or third parties, and PEER LMS ensures that only authorised personnel have online access to a User\u2019s account data.<\/span><\/p>\n

                                                                                      Users may decide to post comments on the PEER LMS Blog or interact with other Users in a way which is public or widely available to PEER LMS Users through postings, sharing, course reviews, direct communications, giving testimonials, uploading photos or commenting on different parts of the PEER LMS platform (\u201cShared Content\u201d or \u201cPublic Posting\u201d). PEER LMS will collect and store Public Postings and Shared Content which will become publicly available or viewable by others. When you share content or make a public posting you are consenting to granting PEER LMS a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Public Postings and Shared Content. However PEER LMS is not responsible for how other Users may use such publicly available information or otherwise accessible to others who have access to the Services. Users are expected to use their discretion when making such posts. In the event that a User is selected as “Learner of the Day” or “Learner of the Month”, the User agrees to allow PEER LMS to publish their Registration Information (except for your email address), Profile Information, and Course Information as well as your response to the accolade for marketing purposes and\/or via PEER LMS Services.<\/span><\/p>\n

                                                                                      Course information<\/b><\/h4>\n

                                                                                      After registration, a User can enroll in a course offered by PEER LMS or its affiliated Publishers. Aggregated data on age, gender (where available) and country of origin is shared with affiliated Publishers relating to the Users enrolled on the courses they teach, and is subject to a legal agreement between PEER LMS and each individual Publisher. There is no way for a Publisher to access or derive User level information from this aggregated information.<\/span><\/p>\n

                                                                                      PEER LMS processes certain data relevant to the publication and playback of course content by publishers and learners. Certain data is collected to ensure Users, publishers and learner progress are uniquely identified and accurate records are maintained in order to deliver the PEER LMS learning service and to comply with relevant legal obligations. This will include regular emails to keep Users informed of their progress and make various suggestions and recommendations. Patterns of usage behaviour and course content evaluation is also collected and stored as metadata to help PEER LMS and Publishers improve the services and offer the most appropriate content and courses to registered Users.<\/span><\/p>\n

                                                                                      Third party information processors and service providers<\/b><\/h4>\n

                                                                                      All User personal data is stored securely on third party cloud-based electronic storage and safeguarded. User purchases of physical goods require a home delivery address to process orders. PEER LMS uses payment processing and fulfilment partners who will receive sensitive PII to enable payment collection and when necessary, physical fulfilment. Highly sensitive data, such as credit card information and passwords are never received by PEER LMS (e.g. when you allow third party authentication via your social media sign-on, or by choosing third party payment providers such as Paypal or Stripe, that isolate PEER LMS from your payment details). Recurring payment details are stored by a third party payment provider that you choose and not by PEER LMS. Although PEER LMS allows Users to register with their social media single sign-on (such as Facebook, Google, Linked-in etc.) the information available on these third party platforms is governed by their terms and information sharing practices. PEER LMS only takes necessary information from these social platforms (i.e. your name, email address, and country for legitimate purposes) and does NOT take any other personal or social information on your friends and contacts from these platforms.<\/span><\/p>\n

                                                                                      PEER LMS tests and operates a number of analytical tags, scripts and tracking pixels (also known as web beacons) from third party providers such as Google, Facebook, Bing, and Hotjar) to enable browser and mobile analytics that measure page views and sessions. This helps PEER LMS understand User behaviours as the visit, navigate and leave the PEER LMS platform.<\/span><\/p>\n

                                                                                      PEER LMS provides free learning supported through advertising services managed by third parties. PEER LMS both buys online ads and sells online ads through third party providers (e.g. Google AdWords, Bing, Facebook Ads and Google AdSense). Cookies and tracking pixels are used by advertising service providers as independent third party data controllers to enable personalised advertising to the User based on intent, search history and demographics built up by advertising service providers over time. PEER LMS has no access to these third party cookies or tracking technology nor any control over how third party advertising service providers use the data they collect.<\/span><\/p>\n

                                                                                      Technical data collection<\/b><\/h4>\n

                                                                                      As an internet based service, web server log files are also collected and monitored for usage and behaviour patterns over time. User device information and IP addresses are also collected to understand platform traffic flows how each User interacts with PEER LMS Services and to ensure the right balance of technical support, customer service resources and device expertise is available to Users.<\/span><\/p>\n

                                                                                      PEER LMS also stores and uses cookie information (a piece of text saved on each User\u2019s device) to help track unique user sessions, to personalise PEER LMS Services for the User. PEER LMS stores Preference, Security, Functional and Session cookies to tailor the usage experience, securely automate User login and enable purchase transactions. PEER LMS uses web beacons to help monitor email communications with our registered Users to understand which messages are successfully delivered and read.<\/span><\/p>\n

                                                                                      User consent and self-service control<\/b><\/h4>\n

                                                                                      By using PEER LMS Services and directly inputting your information on the platform, you the User are consenting to the collection and use of your data by PEER LMS. You have full access to your information through your user account, and are responsible for ensuring that you keep your personal details up-to-date through the platform. You have the power to modify your personal data and the power to deactivate your account and request the removal of your personally identifiable information when you delete your account. You may modify your email client, browser settings or use browser add-ons to control how cookies, beacons and other third party services work. Privacy settings are also provided on your mobile device operating system to give you more control over your data. Reducing the level of data shared and advertising options may reduce the quality of, or disable, some or all PEER LMS services.<\/span><\/p>\n

                                                                                      To understand and control how the digital advertising industry uses your data please visit the Network Advertising Initiative\u2019s Consumer <\/span>Opt-Out link <\/span><\/a>or the Digital Advertising Alliance\u2019s Consumer <\/span>Opt-Out link <\/span><\/a>. These help you to opt-out of receiving tailored advertising from companies that participate in those programs. To opt out of Google Analytics for display advertising or customize Google display network ads, You can visit the <\/span>Google Ads Settings <\/span><\/a>page. Opting out means that your personal data is not used to personalise ads. Opting out does not mean you will not receive ads. PEER LMS has no affiliation nor control over these industry initiatives and how you use these tools is your own responsibility.<\/span><\/p>\n

                                                                                      PEER LMS recognises the privacy interests of children. Parents and guardians need to take an active role in their children’s online activities and interests. Digital consent is generally not legally recognised for children under the age of 13, or under the age of 16 where such children reside in the European Economic Area. Parents and legal guardians should not allow their children defined as such to register, enrol and learn on the PEER LMS platform without full time supervision. PEER LMS reserves the right to delete any User account that we discover was created by a child unable to give digital consent. If a parent or guardian discovers that PEER LMS has unlawfully collected the personal information from a child please contact our data protection officers who will take all reasonable steps to delete such information promptly.<\/span><\/p>\n

                                                                                      Retention of data<\/b><\/h4>\n

                                                                                      PEER LMS is under a legal obligation to keep certain data for a specified period of time. Furthermore PEER LMS aggregates data and anonymises User accounts that are deleted so that it is no longer reasonably associated with an identified or identifiable natural person. Such Other Information is used by PEER LMS for other relevant business purposes for as long as necessary. This may include keeping Other Information after the User has deleted their account for whatever period of time needed for PEER LMS to pursue its legitimate business interests, conduct audits, comply with (and demonstrate compliance with) legal obligations, resolve disputes and enforce commercial agreements.<\/span><\/p>\n

                                                                                      Security and disclosure of data<\/b><\/h4>\n

                                                                                      The organisation will take all reasonable steps to ensure that appropriate security measures are in place to protect the confidentiality of electronically stored data. The platform is large and public and subject to regular attack by hackers. The platform has been hardened extensively over time however no online system is perfect or immune from breach. PEER LMS has appropriate security measures in place to protect against unauthorised access. Safeguards are applied to the processing and retention of data. These include:<\/span><\/p>\n

                                                                                        \n
                                                                                      1. Limitations on access to prevent unauthorised consultation, alteration, disclosure or erasure of personal data.<\/span><\/li>\n<\/ol>\n

                                                                                        1.1 Strict time limits for erasure of personal data in line with our retention policy.<\/span><\/p>\n

                                                                                        1.2 Logging mechanisms to permit verification of whether and by whom personal data has been consulted, altered, disclosed or erased.<\/span><\/p>\n

                                                                                        1.3 Pseudonymisation, anonymisation and encryption.<\/span><\/p>\n

                                                                                        1.4 The platform databases are not accessible directly by employees or software developers other than authorised DevOps administrators. Multi factor authentication is required for all authorised DevOps administrators to ensure access to sensitive data is restricted to the maximum possible.<\/span><\/p>\n

                                                                                        1.5 Security measures will be reviewed from time to time, having regard to the technology available, the cost and the risk of unauthorised access.<\/span><\/p>\n

                                                                                        Customer Support employees will have access to a certain amount of personal data relating to users and other third parties. Employees must not disclose User\u2019s personal data, except where necessary in the course of their employment or in accordance with law. They must not remove or destroy personal data except for lawful reasons and with the permission of the organisation. Any breach of the data protection principles is a serious matter and may lead to disciplinary action up to and including dismissal. All PEER LMS employees must adhere to the following data protection principles:<\/span><\/p>\n

                                                                                          \n
                                                                                        1. Process data fairly, lawfully and transparently.<\/span><\/li>\n<\/ol>\n

                                                                                          2.1 Keep data only for specified, explicit and legitimate purposes.<\/span><\/p>\n

                                                                                          2.3 Process data only in ways which are compatible with the purposes for which it was given.<\/span><\/p>\n

                                                                                          2.4 Ensure data is accurate and up-to-date.<\/span><\/p>\n

                                                                                          2.5 Ensure data is adequate, relevant and limited to what is necessary for the purpose for which it was given.<\/span><\/p>\n

                                                                                          2.6 Keep data safely and securely.<\/span><\/p>\n

                                                                                          Retain personal data for no longer than is necessary for the purpose for which it is processed and in line with the company\u2019s data retention policy.<\/span><\/p>\n

                                                                                          Users have an obligation to keep their User account credential sufficiently strong, protected for safe-keeping and private to themselves to prevent unauthorised access. Users must monitor and control all activity on their account. If you suspect a breach of your account please change your password immediately and contact PEER LMS customer support so that the impact can be minimised.<\/span><\/p>\n

                                                                                          Were a data breach to occur and if such a breach puts individuals\u2019 personal rights and freedoms at risk and PEER LMS is unable to contain those risks, all affected individuals will be notified expeditiously. Furthermore PEER LMS\u2019s data protection officers will inform the Data Protection Commissioner in Singapore so that they are aware and can monitor the response.<\/span><\/p>\n

                                                                                          Data Protection Officers<\/b><\/h4>\n

                                                                                          The directors of the company are ultimately responsible for your data, and have nominated a named Data Protection Officer for PEER LMS (\u201cDPO\u201d). The DPO is are responsible for assisting the organisation in monitoring and maintaining compliance with data protection legislation.<\/span><\/p>\n

                                                                                          Please email your data protection and privacy queries or concerns to support@magicsoft-asia.com<\/span><\/p>\n

                                                                                          Access requests<\/b><\/h3>\n

                                                                                          Users across the world may have certain statutory rights in relation to their personal data. Subject to any exemptions provided by law, you may have the right to request access to Information, as well as to seek to update, delete or correct this Information. Your PEER LMS User Account provides the settings and self-service tools needed for these requests. Please contact PEER LMS Customer Services if you wish to get a complete copy of all your electronic data held about you as a User. If a User opts to delete their User account, PEER LMS will delete all PII, Profile and Resum\u00e9 data, and will irreversibly anonymise their learner record.<\/span><\/p>\n

                                                                                          There is no charge to use PEER LMS\u2019s User account self-service tools. However the company reserves the right to charge a fee to process any further Subject Access Request. The organisation will, in most circumstances, provide this data within one month. In some cases, due to the complexity of the request or the number of requests being handled by the organisation, the organisation may require a further two months to provide this data.<\/span><\/p>\n

                                                                                          Users are only entitled to access data about themselves and will not be provided with data relating to other users or third parties. However some user data may have been disclosed publicly on PEER LMS forums for example. It may be possible to block out User data relating to a third party or conceal the User\u2019s identity, and where this is possible the organisation will endeavour to do so. A user who is dissatisfied with the outcome of an access request has the option of referring a complaint to the office of the Data Protection Commissioner in Singapore.<\/span><\/p>\n

                                                                                          Right to object<\/b><\/h3>\n

                                                                                          Users may have the right to object to data processing that is causing them distress and\/or to make corrections to personal data which is inaccurate. Where such objection is justified, the organisation will cease processing the data unless it has a legitimate interest that prevents this. PEER LMS will make every effort to alleviate the distress caused to the individual. An objection should be made in writing to the Data Protection Officer, outlining the data in question and the harm being caused.<\/span><\/p>\n

                                                                                          International transmission of data<\/b><\/h3>\n

                                                                                          Based in the Republic of Singapore, PEER LMS operates on a global basis and it may be necessary in the course of business to collect or transfer User personal data across state boundaries, to share data with other group companies in countries outside the European Economic Area, and to share information with third party service providers. The transfer of such data is deemed necessary for the management and administration of your User Account and delivery of PEER LMS Services. Some states do not have comparable data protection laws to Singapore or the EU. When data transfer is necessary, PEER LMS will take steps to ensure that the data has an equal level of protection as it would in Singapore or as expected within other leading international jurisdictions. Furthermore PEER LMS will only transmit data to companies that agree to guarantee the same level of protection. For more information, please contact PEER LMS\u2019s Data Protection Officers.<\/span><\/p>\n

                                                                                          Policy review and modification<\/b><\/h3>\n

                                                                                          PEER LMS has completed a Data Protection Impact Assessment and put the necessary policy and procedures in place to minimise risks to users data privacy and maximise data protection. This policy will be reviewed from time to time to take into account changes in the law and the experience of the policy in practice. Updates will be posted to the website when available. Material updates will be circulated to each User via the registered User email on the User Account. Continued usage of the PEER LMS Service is deemed to be User acceptance of this policy as permitted by applicable law.<\/span><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                                                          Pendahuluan Ketentuan penggunaan ini terkait dengan platform dan proses PEER LMS untuk memberikan Layanan PEER LMS. Jika Anda menggunakan Layanan PEER LMS ("Pengguna"), kebijakan ini berlaku untuk Anda dan Anda terikat olehnya. Jika Anda tidak setuju\u2026<\/p>","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_glsr_average":0,"_glsr_ranking":0,"_glsr_reviews":0,"footnotes":""},"class_list":["post-20064","page","type-page","status-publish","hentry"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/pages\/20064","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/comments?post=20064"}],"version-history":[{"count":17,"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/pages\/20064\/revisions"}],"predecessor-version":[{"id":20909,"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/pages\/20064\/revisions\/20909"}],"wp:attachment":[{"href":"https:\/\/www.wsh-peer.com\/id\/wp-json\/wp\/v2\/media?parent=20064"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}