Privacy Policy

Uplifters Limited and Uplifters Singapore Limited (collectively “Uplifters”) treat the protection of privacy in relation to personal data very seriously. All personal data collected by Uplifters shall be treated with respect and we are committed to complying with the Personal Data (Privacy) Ordinance (Cap. 486) of Hong Kong and the Personal Data Protection Act 2012 of Singapore (as applicable) (“PDPA”). We may from time to time update this policy (“Privacy Policy”) and all information will be governed by our most recent Privacy Policy as available on our website.

By using or accessing the Website, signing up for any products and services offered by us, or by interacting with us in any manner (including as a client, service provider, donor, volunteer or employee), you acknowledge that you accept the practices and policies in this Privacy Policy and agree and consent to Uplifters, as well as our respective representatives and/or agents collecting, using, disclosing and sharing amongst themselves your personal data, and disclosing such personal data to Uplifters’ authorised service providers and relevant third parties in the manner and for any of the purposes set forth in this Privacy Policy. 

This Privacy Policy supplements but does not supersede nor replace any other consents you may have previously provided to us in respect of your personal data, and your consents herein are cumulative and additional to any rights which we may have at law to collect, use or disclose your personal data. Further, this policy does not affect any rights which we may have at law in connection with the collection, use or disclosure of your personal data.

Remember that your use of the Website and services provided by Uplifters is at all times subject to the Terms, which incorporates this Privacy Policy. Any terms we use in this Privacy Policy without defining them have the definitions given to them in the Terms.

Collection of Personal Data

From time to time, it is necessary for data subjects to supply Uplifters with personal data in connection with: 

• the use of the Website; 
• registration, enrolment in a course and establishment of a user account, or the use or continuation of provision of educational services, products and facilities;
• our relationship with you as your current, future or former employer or volunteer organisation; or 
• your provision of services to us (or your position as a representative of a company which provides services to us). 

Failure to supply such personal data may result in Uplifters being unable to: 

• register or enrol you in our courses, or establish a user account for you;
• commence or continue the provision of educational services, products and facilities to you; or 
• employ you or permit you to continue volunteering with us.

You may voluntarily choose to share additional personal data on the Uplifters’ website/online learning platform including through chatbots and on Uplifters’ social media on third-party platforms, for example:

• In your Uplifters’ account profile;
• When participating in a course, forum or other interactive experience on the Uplifters’ website and Uplifters’ chatbots or pages on social media platforms such as Facebook;
• In the course of applying for a job or volunteering role with us.

Types of Personal Data Collected

Uplifters directly collects personal data relating to members of the public who use Uplifters’ services or the Website or donate to Uplifters when you:

• Sign up for an Uplifters course (on your own behalf or on behalf of another individual) and create an Uplifters user profile;
• Enrol and participate in Uplifters’ online courses;
• Purchase a product or service on your own behalf or on behalf of another individual;
• Send email messages, chatbot or Facebook chat messages to Uplifters (including messages to learner support);
• Participate in public forums and other interactive experiences on the Uplifters website/online learning platform and social media platforms or in person;
• Donate to Uplifters;
• Make an enquiry, complaint or data access or correction request.

“Personal Data” is defined in the Hong Kong Personal Data (Privacy) Ordinance as data relating directly or indirectly to a living individual from which it is practicable for the identity of the individual to be directly or indirectly ascertained and in a form in which access to or processing of the data is practicable; and is defined in the PDPA as any data, whether true or not, about an individual who can be identified (a) from that data or (b) from that data and other information to which we have or are likely to have access, including data in our records as may be updated from time to time. Examples of personal data you may provide to us include (depending on the nature of your interaction with us) full name, personal details, such as identification or passport number, nationality, age, date of birth, gender, marital status and number of children, contact details including telephone numbers, email and residential address, payment details such as credit card information or bank account details, employment details (including income) and history, other personal information such as financial habits and situation, plans for the future and well-being level.

We will always try to collect your personal data directly from you. However, there may be instances where we will need to collect your information from other persons or entities, including, for example, if your employer registers you for an Uplifters course. Where we obtain your information from a third party, such as your employer, we may ask them to provide you with a copy of this Privacy Policy to ensure you know we are processing your information and the reasons why.

If you provide us with any personal data relating to a third party (e.g. information on your spouse, children, parents, and/or employees), you represent and warrant to us that the collection, use and/or disclosure of that personal data to us, as well as the further processing of that personal data by us for the purposes set out herein, is lawful, and you have obtained the consent of the third party to provide us with their personal data for the respective purposes.

We may collect personal data relating to our employees, officers, volunteers including personal particulars, Hong Kong or Singapore identification card number, passport number, education and qualifications, employment history, salary and allowances, bank account details, job applications, terms and conditions of service, rank and post, training records, appraisal reports, promotion board assessments, conduct and discipline, awards, benefits, medical records, leave, retirement and pension, professional qualifications, Mandatory Provident Fund and provident fund account details.

We may collect personal data relating to or in connection with your provision of services to us or your position as a representative of a provider of services to us including full name and contact details.

Uplifters also indirectly collects usage information about your visit to the Uplifters website and use of the e-learning platform as described in the ‘Cookies and Tracking Technologies’ section below.

Cookies and Tracking Technologies

We collect non-specific information on visitors’ and registered users’ activities on the Website by third-party web beacons and cookies from vendors including Google, via means of web analytics tools such as Google Analytics on most parts of the Website, which may include information such as where the visitor or registered user has come from (e.g. referring domains, search engines, marketing campaigns), the type of browser or operating system used to access the Website, pages viewed, date and time of access, the site path of the visitor, what content visitors are clicking on, which courses visitors are interested in and sign up for/participate in. You can find out more about Google Analytics (http://www.google.com/analytics/) on its website. We do not collect any personal data (e.g. name, address, email address) using the web analytics but we do collect IP addresses. Uplifters does not link any web analytics information to an individual. Uplifters uses this information to ensure that the Website is providing the best possible user experience and providing relevant services. Most web browsers automatically accept cookies but you can disable this function by changing your browser settings if you wish. However, if you do so you may not be able to take full advantage of the Website.

Uplifters may track and collect information from emails that we send you, for example, whether you opened the email or clicked on any links in the email.

We may share overall visitor trends and other generic information collected on the Website with third parties but we will not disclose any personal details or personally identifiable information without your consent.

The Website may contain links to websites operated by third parties. We have no control over the content of the linked websites or how the operators of those websites deal with your personal data. We encourage you to review the privacy policies applicable to those third-party websites to understand how your personal data may be used by those third-party websites.

Purposes  for which your Personal Data may be Used

• Uplifters generally collects, uses and disclosures your personal data for the following purposes, to:

  • Operate and improve the Website – including creating and improving features that support the Uplifters’ community and enable Website use at scale. This also includes personalising the Website, so your learning experience is tailored to your interests and needs;
  • Create, administer, provide and teach courses – including creating and improving the delivery of online courses and programmes on the Website. This also includes personalising courses, so your learning experience is tailored to your interests and needs, and assessing your attendance/performance and awarding certificates;
  • Offer and improve products and services – including enabling you to navigate the Website, to enrol and participate in courses and programmes on the Website, to learn effectively on such courses and programmes, and to purchase or obtain products and services on the Website, as applicable;
  • Develop and maintain the security of the Website – including tracking Website outages and creating software solutions, detecting contraventions of the Terms of Service, and monitoring uses, misuses, and potential misuses of the Website;
  • Communicate with you – including answering your course/programme and Website questions, notifying you of courses/programmes and Website/e-learning platform technical issues;
  • Conduct or research studies for statistical, profiling or other purposes for us to review, develop and improve the quality of our products and services, or issue invitations for participation in programmes/activities;
  • If you are an existing or prospective participant of our courses, events, services and/or programmes or you have submitted any applications to us – assessment of applications, assessment of qualifications, issue of certificates, monitoring of your progress, processing of applications for reimbursement of fees, assessment of nominations, dissemination of awards and verification of assessments;
  • If you are a prospective employee or volunteer – Perform a range of employment-related and volunteer-related purposes, such as appointments, integrity checking, background checks, postings and transfers, offer/renewal/extension of agreements, monitoring of your progress, tracking the duration you have volunteered or worked for, training and career development, revision of terms or conditions of service, promotion, conduct and discipline, legal assistance, benefits, continuation in or removal from office;
  • In respect of donations – Collect, process and administer donations;
  • Enable us to operate our services efficiently and sustainably;
  • If required by applicable law, comply with a competent authority’s directions or an order by the courts; and
  • Recruit, administer and service various schemes, and deal with complaints and enquiries or requests for personal data and information.

Disclosure of Personal Data

We will take reasonable steps to protect your personal data against unauthorised disclosure.  Subject to the provisions of applicable law, your personal data may be disclosed by us, for the purposes listed herein (where applicable), to the following entities or parties, whether they are located in Hong Kong, Singapore or elsewhere:

• any Group Company (1);
• third parties appointed by us and/or any Group Company to provide services to, or on behalf of, us and/or any Group Company (including payroll and payment providers, insurers, bankers, telecommunication and information technology companies, contractors, trainers, travel agents, corporate secretarial providers, couriers, security services and medical practitioners);
• existing or prospective partners or collaborators (including speakers, tutors, lecturers and volunteers) in our courses, events and programmes;
• external banks, credit card companies and their respective service providers;
• auditors, lawyers and other professional advisors of us and/or any Group Company;
• relevant government ministries, regulators, statutory boards or authorities or law enforcement agencies to comply with any laws, rules, guidelines and regulations or schemes imposed by any governmental authority;
• education or training institutions and examination bodies; and/or
• any other party whom you authorise us to disclose your personal data to.

(1)  “Group Company” means any entity which is our affiliate (i.e., an entity that directly or indirectly controls or is controlled by, or is under common control with, us).  The term “control” herein means the right to exercise directly or indirectly fifty percent (50%) or more of the voting rights attributable to the shares or other equity interest of the entity, or the possession directly or indirectly, of the power to direct or cause the direction of the management or policies of such entity.

Direct Marketing (applicable only if you have agreed to receive marketing content)

Uplifters requires consent (which can include an indication of non-objection) in order for us to use your personal data for direct marketing, including name, contact details, nationality, occupation, gender, health and family status to provide you with marketing communications relating to personal development services, member activities, donations and contributions for charitable and/or non-profit-making purposes (including by email, SMS, chatbot or other instant messengers on social media). Such consent if given can subsequently be withdrawn without charge by emailing our Data Protection Officer at hello@uplifters-edu.org.

We will not sell your personal data to anyone. We require your consent before providing any of your personal data to the community or educational partners for their direct marketing. Such consent if given can subsequently be withdrawn without charge by emailing our Data Protection Officer at hello@uplifters-edu.org.

Storage of Personal Data and Security

All personal data collected is stored securely to prevent any unauthorized or accidental access, disclosure, processing or erasure. Uplifters implements appropriate physical, electronic and managerial measures to safeguard and secure personal data including password protection and limiting physical access.

Uplifters takes all practicable steps to ensure that personal data is not kept longer than necessary and in compliance with applicable statutory requirements relating to the retention of personal data.

Even though we take steps to secure your personal data, you should be aware that no system is impenetrable and no information provided over the Internet is totally secure. Accordingly, we cannot and do not guarantee the security of information that you transmit or receive over the Internet. You should not send us any credit or debit card numbers or comparable confidential details via email – such details should only be provided via a secured payment gateway.

You should take precautions not to share, provide or facilitate unauthorised use of your Uplifters account profile and/or username and/or password. If in the unlikely event unauthorised access or transactions have been discovered, you should notify Uplifters immediately.

Data Access, Correction and Withdrawal Requests  

Data access, correction or withdrawal requests must be made in writing by email. Requests should be addressed to our Data Protection Officer at hello@uplifters-edu.org.

Uplifters may require you to provide identity proof such as your Hong Kong Identity Card, Singapore NRIC or other identification document (as applicable) and impose a reasonable charge to cover the costs of processing the data access request.  We will provide you with a written estimate of the fee for a data access request and inform you in writing if there is any increase to the fee.  We will not charge you for the correction of personal data or the withdrawal of consent.  If we are unable to comply with an access or correction request within 30 days of your request, we will within that time inform you in writing of the time by which we will respond.

You may withdraw your consent given for any or all purposes set out in this Privacy Policy by contacting our Data Protection Officer in writing. If you withdraw your consent to any or all use of your personal data, depending on the nature of your request, we may not be in a position to administer any contractual relationship in place or to provide products or services to you, which in turn may also result in the termination of any agreements with us, and your being in breach of your contractual obligations or undertakings.  Our legal rights and remedies in such event are expressly reserved.

Accuracy of Personal Data

You should ensure that all personal data submitted to us is complete, accurate, true and correct. If there is a change to your personal particulars such as your residential/mailing address, email address or telephone number, please promptly update us. This ensures that you will continue to receive communications from us without disruption or delay. Failure on your part to do so may result in our inability to provide you with the products and services you have requested, or processing any requests and applications you may have made to us.

Enquiries

Any enquiries regarding personal data policies and practices should be addressed to our Data Protection Officer at hello@uplifters-edu.org.

Marie Kretz Di Meglio

Uplifters CEO

 Last updated: 01.08.2024

Terms and Conditions

Last updated: 1st August 2024

These terms and conditions of service (Terms) apply to your use of Uplifters Limited’s and/or Uplifters Singapore Limited’s (Uplifters, we, our) services (including but not limited to its website (including its e-learning platform on the website and/or chatbot)) (Website), whether as a guest or a registered user. By registering for an Uplifters course and/or using the Website, you agree to accept all these Terms. You must not register for an Uplifters course or use the Website if you do not agree with any of these Terms.

1.Changes to these Terms

We may change these Terms at any time, so please check this webpage regularly for any modifications/supplements which we may make, before using the Website. To assist you doing this, we will make the most recent version of these Terms available on the Website and will indicate at the top the most recent date that they were modified. By continuing to use the Website after we modify these Terms, you accept the new version of the Terms. If you do not agree to the changes you must not continue to use the Website and instead contact us at hello@uplifters-edu.org.

2. Intellectual Property Rights

Other than the content you own, under these Terms, Uplifters and/or our licensors (if any) own all the intellectual property rights in the Website and the materials contained in it and published on it. All such rights are reserved. You must abide by all copyright notices or restrictions contained on the Website.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable worldwide licence to use the Website materials and access the Uplifters course solely for personal and educational, non-commercial purposes subject to these Terms. The licence is effective until termination by you or us.

You may make a reasonable number of copies of Website materials for personal, non-commercial use provided you do not alter the text or remove any notice or intellectual property mark or copyright displayed on the materials and provided further that these copies are stored on your own personal device and not accessible by anyone else. Subject to the foregoing, you must not, in particular:

• Publish, copy, reproduce, distribute, disseminate or otherwise make available any Website material in any other media without prior consent or agreement from Uplifters;

• assign, transfer, sell, sub-licence and/or otherwise commercialise any Website material;

• modify, transfer, distribute, pledge, or create derivative works based on the Website, including its user interfaces;

• engage in any data mining, data harvesting, data extracting, reverse-engineering, decompiling, disassembling or any other similar activity in relation to the Website;

• use the Website to engage in any advertising or marketing without consent or agreement from Uplifters;

• publicly display and/or show any Website material without consent or agreement from Uplifters;

• use the Website in any way that is or may be damaging to the Website or to any person or entity including Uplifters and other users; or

• use the Website contrary to applicable laws and regulations.

Certain areas of the Website are restricted from access by you and Uplifters may further restrict access by you to any areas of the Website, at any time, in our sole and absolute discretion.

Any user ID and password you may have for the Website are confidential and personal to you and you are responsible for keeping such information confidential. We have the right to disable, suspend or delete your user account, at any time, if in our opinion you have failed to comply with any of these Terms. 

3.Your Content

By submitting or distributing your user postings, you represent and warrant:

• you have the necessary rights, licences, consents, permissions to reproduce/ post the user posting, and authorise Uplifters to use and distribute your user postings in a manner consistent with the licences granted below, and

• your submission of your user postings/our exercise of the licences granted by you will not infringe or violate the rights of any third party.

You are solely responsible for the content and accuracy of any materials posted by you and through your user account, and the consequences of posting them.

When you post any content on the Website, including but not limited to any audio, video, text, images or other material, you grant Uplifters a perpetual, non-exclusive, royalty-free, worldwide, irrevocable, assignable, sub-licensable license to use, reproduce, adapt, publish, make available, translate and distribute that content in any and all media formats or through any and all media channels.

We reserve the right to remove any of your content from the Website at any time without notice and for any reason.

4.Links

Uplifters or third parties through the Website may provide links to other websites or resources. As Uplifters does not have control over these third party sites, you acknowledge and agree that Uplifters is not responsible for whether you should use those sites or resources and does not endorse any of those sites or resources or their contents, products or other materials found there.

You also acknowledge and agree that Uplifters is not liable directly or indirectly for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such contents, products or services available on or through any such website or resource.

You may not hyperlink to the Website or any of its webpages unless you have obtained Uplifters’ prior written consent. Such requests should be sent to hello@uplifters-edu.org for consideration. Uplifters reserves the right to withdraw any consent given at any time. Such consent does not extend to any contents or other websites or resources on third party websites. If you intend to reproduce, adapt, make available to the public, distribute or otherwise use any contents on or to hyperlink to any such linked websites, you must obtain all necessary permissions from the relevant intellectual property owners or website owners in accordance with their terms.

5.No Official Certification Given

Uplifters does not provide any official educational certifications or diplomas for courses offered. All certifications given are only to certify successful completion of the courses offered on the Website according to the attendance and/or participation rating standards of Uplifters. We do not warrant that you will obtain any particular qualification (or, for that matter, attain any specific level of proficiency) upon completion of any Uplifters course.

6.Disclaimer and Limitation of Liability

The Website and the materials on it are provided on “as is” basis and for general, information purposes only. Nothing contained on or provided through the Website is to be interpreted as provision of professional advice.

To the extent permitted by applicable law, the Website and the materials on it, or provided through it, are provided without warranties of any kind (express or implied) including as to accuracy, completeness, fitness for purpose, non-infringement, reliability, security, timeliness or freedom from computer viruses in respect of the Website or its contents. If you rely on any information provided to you on the Website, by Uplifters or its partners, you do so solely at your own risk. We will not provide you with any medical, legal, financial or professional advice. The Website or the courses provided are not intended to diagnose, treat, cure, or prevent any disease, medical condition or injury.

To the maximum extent permitted by applicable law, Uplifters, its officers, directors, employees, volunteers and agents, will not be liable for any direct, indirect, incidental or consequential losses, costs, expenses or damages (whether foreseeable or unforeseeable, and whether financial or otherwise) relating to or arising out of or in any way connected with your use of the Website or the materials or information provided on it, including any omissions from, errors in, misstatements, or misrepresentations, use or misuse of or reliance on or inability to use the Website.  We do not warrant or make any representations regarding the usefulness or the expected results of the materials contained on the Website. In no event will we be liable to you or to anyone else for any decision made (or not made) or action taken (or not taken) by you or anyone else in reliance or use of the Website or the materials or information provided on it. Further, Uplifters is not liable for losses, costs, expenses or damages relating to, arising out of, or in any way connected with, accidents (including infection by computer virus), defamation or infringement of intellectual property rights. Any materials downloaded or otherwise obtained through the use of the Website is done at your own risk and discretion and you will be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of information.

Nothing in these Terms excludes or limits our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or the negligence of our employees or agents or any other liability that cannot be excluded or limited by law.

Save as otherwise provided in these Terms, our maximum total liability to you or to anyone else under and/or arising in relation to these Terms is the amount of the fee (if) paid by you or by a third party on your behalf in respect of your registration, for any Uplifters course on the Website.

7.Indemnification

To the fullest extent permitted by applicable law, you agree to on demand defend, indemnify and hold Uplifters, its officers, directors, employees, volunteers and agents from and against any and/or all liabilities, costs, demands, actions, claims, damages and expenses (including without limitation legal fees) arising in any way or connected to your breach of any (whether in whole or in part) of these Terms.

We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement which may adversely affect our rights or obligations may be made without our prior written approval. We reserve the right at our own expense and on notice to you to assume exclusive defence and control of any claim or action.

8.Privacy Policy

For information about our privacy policies and practices including our use of cookies, please refer to our Privacy Policy

9.Payment

The amount of any charges or fees for courses to be provided by us are as specified in the Course Information pages of the Website.

Payment on time in respect of any registration for a course for which a fee or charge is payable is an essential condition of these Terms. Payment is not deemed to be made until we have received cash or cleared funds in respect of the full amount outstanding. If you fail to pay on time, we reserve the right to cancel the course and/or prevent you from participating or continuing in the course.

10. Cancellation or Suspension of Courses

Once you have registered for an Uplifters course (whether for yourself or on another’s behalf), any registration fee paid in respect of that course is non-refundable.

In the event of a force majeure, we have the right to postpone any scheduled Uplifters course including any course on the Website and re-schedule for a later date and time to be determined at our sole and absolute discretion. Force majeure refers to any event beyond our reasonable control, such as (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial action; (i) epidemic, pandemic or similar influenza or bacterial infection; or (j) disruptions to power supply or telecommunication equipment, that renders us unable to provide services or courses to you.

If you are unable to access a course on the Website, we will use reasonable endeavours to provide a solution where we have direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, we may, in our sole and absolute discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime.  Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

We will use reasonable endeavours to make the Website and online courses available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected.  Uplifters reserves the right to suspend access to the Website and online courses for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

You also accept and acknowledge that Uplifters cannot be held responsible for any delay or disruptions to your access to the Website or online courses as a result of such suspension or any of the following:

• the operation of the Internet and the world wide web, including but not limited to viruses;

• any firewall restrictions that have been placed on your network or the computer you are using to access Website or online courses;

• failures of telecommunications links and equipment; or

• browser issues.

11.Severability

If any provision of these Terms for any reason is or is held to be illegal, void, invalid or otherwise unenforceable (in whole or in part) by any court or administrative body of competent jurisdiction under any applicable law, the rest of these Terms will be valid and enforceable to the extent permitted by law.

12.Third Party Rights

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap 623) to enforce any of its terms or any document referred to in it.

13.Termination

We may in our sole and absolute discretion and at any time without prior notice to you and without cause, terminate all or any part of the Website or our services to you and prohibit your right of access to all or any part of the Website (including your user account) or our services, and remove any information and materials linked to your user account.

Termination of these Terms or the relationship between us and you does not affect the accrued respective rights or liabilities of either party or affect the continuance in force of any provision which is expressly or by implication intended to continue in force on or after termination.

14.Assignment

Uplifters has the right to assign, transfer, and subcontract its rights and, as applicable, its obligations under these Terms without any notice to its users.

You are not permitted to assign, transfer or subcontract any of your rights and/or, as applicable, obligations under these Terms unless otherwise agreed in writing with Uplifters.

15.Entire Agreement

These Terms constitute the entire agreement between Uplifters and you in relation to your use of the Website and supersede all prior agreements (whether written or oral) and understanding (if any) relating to your use of the Website.

16.Waivers

No neglect, delay or indulgence by Uplifters in enforcing any provision of these Terms will be construed as a waiver and no single or partial exercise of any rights or remedy by Uplifters under these Terms will affect or restrict the further exercise or enforcement of any such right or remedy.

17. Language

If these Terms are translated into any language other than English, the English language text prevails.

18. Governing Law & Jurisdiction

These Terms will be governed by and interpreted in accordance with the laws of Hong Kong Special Administrative Region, and you agree to submit to the exclusive jurisdiction of the courts of Hong Kong Special Administrative Region for the resolution of any disputes arising out of, or in connection with, these Terms.