DEFINITION
1. References to “Client” or “you” in this Terms and Conditions and all rules, regulations, and policy applicable to the above course issued by us from time to time, refer to you.
2. References to “we”, “our” or “us” in this Terms and Conditions and all rules, regulations, and policy applicable to the above course issued by us from time to time, refer to Up Tree Marketing Sdn. Bhd.
ENGAGEMENT
3. You hereby acknowledge that you have read and understood all the provisions contained in this Terms and Conditions and you agree that the Invoice together with this Terms and Conditions and all rules, regulations, and policy applicable to the above course issued by us from time to time, form a contract between you and us.
4. Your payment according to the Invoice entitles you to enter into an agreement directly with us to receive our products and/or services in respect of the course purchased by you (the “Course”).
COURSE RULES, REGULATIONS AND POLICY
5. You will be provided with a copy of our course rules, regulations, and policy applicable to the above course issued by us from time to time prior to the commencement of the Course. You acknowledge and agree that all rules, regulations, and policy applicable to the above course issued by us from time to time, shall form part and parcel of this Terms and Conditions and shall be binding on you.
6. You agree that in the event that you fail to comply with any and all rules, regulations, and policy applicable to the above course issued by us from time to time, a) we reserve the rights to stop providing you the products and/or services under the Course; b) you shall leave the venue of or quit the Course peacefully upon requested by us; and c) you shall not be entitled to any refund of the payment made in respect of the Course.
CANCELLATION
7. We reserve the right to cancel the Course for any reasons whatsoever by giving written notice to you. You hereby acknowledge and agree that in the event that the Course is cancelled by us absolutely, you are only entitled to a refund of the payment made free of interest. Further, you shall not be entitled to claim for any costs, expenses, losses or damages which may be incurred or suffered by you as a result of such cancellation.
REFUND
8. All the deposit, if any, paid by you in relation to the Course shall be utilised for payment of the administrative and other charges, the utilization/payment of which is duly acknowledged and agreed by you. If the fee of the Course has been paid in full prior to the commencement of the online/offline
classes in respect of the Course, you are entitled to a refund of 80% of the total fee provided that you have notified us of your inability to attend or intention to withdraw from the Course prior to the commencement of the online/offline classes under the Course, and the remaining 20% shall be deducted as the administrative and other charges, the deduction of which is duly acknowledged and agreed by you. There shall be no refund whatsoever and howsoever if you only notify us of your inability to attend or intention to withdraw from the Course after the commencement of the online/offline classes under the Course.
9. You acknowledge and agree that there shall be no refund made to you save as provided for under or in accordance with clause 7 or clause 8 stated above (as the case may be).
10. Alternatively, you may, subject to the availability of an alternative session, reschedule the Course provided that you have notified us in writing with a reason acceptable to us at least FOURTEEN (14) WORKING DAYS prior to the commencement of the Course, failing which you are liable to pay us an additional charge of RM300.00 (excluding service tax) per day of the rescheduled Course.
ASSIGNMENT
11. In the event that you are unable to attend the Course, you may assign your benefits, entitlements, duties and obligations under or in connection with the Course and this Terms and Conditions to a nominated new attendee provided that:- a) you have given us a written notification together with the full contact details of the said nominated attendee at least FOURTEEN (14) WORKING DAYS prior to the commencement of the Course; and b) you have procured a written agreement from the said nominated attendee to comply with the terms of this Terms and Conditions; and c) you have procured a written approval from us.
12. You further acknowledge that it is your sole responsibility to procure such nominated attendee and we shall not be obligated to find any replacement for you.
RIGHT TO CHANGE
13. You hereby acknowledge and agree that we reserve the right to amend or change:- a) the date of the Course; b) the time of the Course; c) the location of the Course; and/or d) the mode of conducting the Course.
14. We will notify you in writing of the amendment(s)/change(s) made and: a) you are not entitled to claim for any refund, costs, expenses, losses, damages or liabilities which may be incurred or suffered by you whatsoever as a result of such amendment(s)/change(s); and b) you retain the right to reschedule the Course, subject to the availability of an alternative session.
15. You warrant that you have given a valid email address and mobile number in the Invoice. We shall not be responsible and/or liable for any delay and/or failure to deliver products and/or services to you by reason of your failure to provide us a valid email address or accurate contact details.
CONFIDENTIALITY
16. You acknowledge and agree that any and all the information, data or reports and their form, format, mode or method of compilation, selection, configuration, presentation and expression (collectively
“Confidential Information”) provided under or during the course of the Course are our trade secrets and confidential and proprietary property.
17. Unless otherwise permitted by us, you shall not, and shall not attempt to: a) take any audio/video recording during the course of the Course; b) sell, disclose, convey, share, distribute, transmit, broadcast, cablecast, put in circulation, reproduce, duplicate or otherwise provide or disseminate any Confidential Information in any form or by any means to any other person or commercially exploit any Confidential Information; c) remove, obliterate, erase, relocate or modify in any way any proprietary marking on or appearing with the Confidential Information including, without limitation, any trademark or copyright notice; and/or d) incorporate or combine the Confidential Information with any other courses.
18. The restrictions on disclosure shall not apply to any Confidential Information: a) where its disclosure is compelled by law but only to the extent required by law and only after written notice of the requirement to disclose has been given by you to us; or b) where we have expressly agreed in writing to its disclosure.
19. You agree that all rights, title and interest in and relating to the Confidential Information and any and all related copyright, patent, trademark, service mark, proprietary property, trade secrets and exclusive works are and shall remain our exclusive property. No right, title or interest other than the right to access the Confidential Information subject to this Terms and Conditions is conveyed or transferred to you. You shall not make any representation or do any act which may be taken to indicate that you have any such right, title or interest.
NO GUARANTEES / WARRANTIES
20. You confirm that you have been explained the scope and extent of the products and/or services covered under the Course. You acknowledge and agree that we do not warrant, represent or guarantee the effectiveness or profitability of the products and/or services provided to you under the Course or whether it is fit for any purpose. Nor does either of them assume any liability (whether in tort or contract or otherwise) for any reliance on the information, products and/or services provided under the Course by you or any other person.
CONSENT
21. You hereby confirm that you consent for us to contact you by phone, email, SMS, or other means in regard to this purchase and future opportunities. You further agree and authorise us to disclose to any of our agents, service providers, auditors, legal counsel, professional advisors, in or outside Malaysia and to our affiliates whether such affiliates are residing, situated, carrying on business, incorporated or constituted within or outside Malaysia any information relating to you or your affairs for facilitating the business, operations and services of or provided by us. You also agree and have consented to us for using your personal data in line with the Personal Data Protection Act 2010.
LIMITATION OF LIABILITY
22. Under no circumstances that shall we be liable for your death, disabilities or injuries, any incidental, direct or indirect, special, consequential or exemplary damages, loss, expenses and/or costs incurred or suffered by you, including but not limited to, any loss of profits, loss of revenue or income, loss of
business, loss of reputation, depletion of goodwill and/or any similar loss, loss of anticipated savings, loss of opportunity, loss of use, whether or not the same was/were foreseen or foreseeable.
FORCE MAJEURE
23. If the provision of products and/or services as contemplated by this Terms and Conditions is prevented due to an Act of God, inevitable accident, fire, blackout, flood or any other calamity, or by reason of riots, strikes or lookouts, or any other events beyond our direct control, we may at our option postpone the Course and you are not entitled to claim for any refund, costs, expenses, loss and/or damages which may be incurred and/or suffered by you as a result of such postponement.
GENERAL
24. Complete and Updated Client’s Details: You hereby agree that you shall provide accurate, current and complete information as may be required by us from time to time (the “Client’s Details”) failing which we reserve the right to reject your enrolment to the Course for the Products/Services. You further agree to maintain and update us the Client’s Details as required to keep it accurate, current and complete.
25. You further agree that we may store and use the Client’s Details provided by you (including payment card information) for use in maintaining your account and in providing the products and/or services under the Course.
26. Notice: Any notice or request to be served by either party hereto to the other under this Terms and Conditions shall be in writing and shall be deemed to be sufficiently served:- a) in the case of notice by letter three (3) working days after the same is sent by prepaid registered post addressed to the other party at that other party’s address as stated in the Invoice; or b) in the case of electronic mail transmission by that party to the other party at the other party’s last known electronic mail address, it shall be deemed to have been received at the time of such transmission; or c) if it is given by that party and despatched by hand to the other party at that other party’s address as stated in the Invoice and it shall be deemed to have been received at the time when such notice was delivered and acknowledged by the recipient of the respective notice or notices.
27. Time: Time wherever mentioned in this Terms and Conditions shall be the essence of this Terms and Conditions.
28. Waiver: Any delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power of right preclude any other further exercise of it, or the exercise of any other power or right. A power or right may only be waived in writing, signed by the party to be bound by the waiver.
29. Severability: Each of the provisions of this Terms and Conditions is severable and distinct from the others and, should any provision of this Terms and Conditions is or becomes illegal, invalid or unenforceable in any respect under the laws of any jurisdiction, the legality, validity and enforceability of the remaining provisions shall not be affected in any way.
30. Entire Agreement: This Terms and Conditions constitutes the entire agreement between you and us concerning this transaction and replaces all previous communications, arrangements, representations, understandings, and agreements, whether verbal or written between the parties to this Terms and
Conditions or their respective representatives. NO representations or statements of any kind made by either party that are not expressly stated in this Terms and Conditions shall be binding on the parties.
31. Amendments: We reserve the right to alter this Terms and Conditions and/or introduce additional terms and conditions at any time and from time to time without prior notice and you are advised to check this Terms and Conditions periodically to ensure that you are aware of and are complying with the current version. Changes are binding on you and will take effect immediately from posting of the revised version of the Terms and Conditions by us. You agree that your use or continuing use of our websites and/or your continuance of the Course shall constitute your acceptance of such changes.
32. Governing Law and Jurisdiction: This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the exclusive jurisdiction of the Courts of Malaysia.
I understand that the course that I signed up for 《效果营销。线上课程》 is online course and I am required to turn on video camera and be on screen at all time during the training. 本人清楚明白这是一场线上课程，也了解当课程进行中，本人需要打开电子设备视屏并出现在屏幕上。