TERMS & CONDITIONS
TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS FOR ONLINE STUDY GROUP / WEBINAR SUBSCRIPTION FOR THE USE OF EDUCATION PURPOSE.
THIS AGREEMENT IS MADE BETWEEN:
(1) ARPLUSTRAINING PLT as AR+ Study Group, company number 202104002780 (LLP0029417-LGN) (hereinafter referred to as “Supplier”);
(2) You, our valued customer (‘the Customer’).
PURPOSE OF THIS AGREEMENT
The Customer wishes to employ the Services of the Supplier whom provide online study group or webinar (web-based seminar) sessions in relation to the stream ranging from one (1) to three (3) hour(s) each session. By signing below, the Customer agrees to be bound by either the terms or conditions of your subscription agreement with the Supplier or, the terms and conditions contained in this agreement (the “Agreement”) if you have purchased a single webinar session.
IT IS AGREED AS FOLLOWS:
1. KEY DEFINITIONS
In this Agreement the following terms shall have the following meaning:
‘Commencement Date’ means the date from which the agreement is signed off with a fee paid by Customer.
‘Fee’ means the fees (excluding any taxes and duties) payable by the Customer in accordance with the pricing schedule as agreed in the Agreement;
‘Services’ means any services provided to the the Customer by the Supplier under the Agreement in connection with the Webinar;
‘Subscription Period’ means a successive twelve (12) months period from the Commencement Date becomes effective as set out in your subscription agreement with the Supplier until terminated as provided herein;
‘Webinar Events’ means the recorded or online course of the study group streams of 1 to 3 hour online which commence on the Commencement Date and to continue as stated in the courses.
‘Licensed Material’ means limited to a printout of a reasonable portion of the course manuals and e-learning handout, question banks, course notes and any other electronic materials supporting the Webinar Events provided by the Supplier or its third party suppliers as detailed in the Agreement that the Customer authorized to have access to
2.1 This Agreement starts on the Commencement Date and shall remain in force for the Subscription Period (subject to the terms of this Agreement and will continue until the end of the Initial Term unless terminated in accordance with its terms.
2.2 ARPPLUS TRAINING PLT reserves the right, at its sole discretion, to change, modify, add or remove portions of the class schedule and details, at any time. It is your responsibility to check these details periodically for changes.
The Customer shall pay to the Supplier the agreed Fee exclusive of tax per Webinar Event per Customer or in a lump sum amount as per agreed. The Customer shall pay the Fee to the Supplier prior to each commencement of Services.
4.1 Subject to any Additional Terms (as defined below) which may apply for specific materials and payment of the Fee, the Supplier grants an the Customer a non-exclusive, non- transferable, limited license to access and use the Licensed Material from time to time made available to the Customer for the purposes only of (i) research or study, (ii) providing academic services to students. This license is subject to the following limitations:
- The right to electronically display Licensed Material is limited to the display of such Licensed Material primarily to one person at a time;
- The right to obtain a printout of the Licensed Material is limited to a printout of a reasonable portion of the Licensed Material (collectively, “Authorised Printouts”); and
- The right to retrieve and store machine-readable copies of the Licensed Material is limited to the retrieval of a single copy of a reasonable portion of the Licensed Material and storage of that copy in machine readable form for no more than 90 days, primarily for one person’s exclusive use, to the extent the storage of those Licensed Material is not further limited or prohibited by the Additional Terms.
4.2 To the extent expressly permitted by applicable copyright law and not further limited or prohibited by the Additional Terms, the Customer may make copies of Authorised Printouts and distribute Authorised Printouts and copies.
4.3 Except as specifically provided in Sections 4.1 and 4.2, the Customer is otherwise. prohibited from downloading, storing, reproducing, transmitting, displaying, printing, copying, distributing, or using the Licensed Material. All access to and use of the Services via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Services is strictly prohibited.
4.4 All rights, title, and interest (including all copyrights and other intellectual property rights) in the Services (in both print and machine-readable forms) belong to the Supplier. The Customer DO NOT acquire ownership rights or other intellectual property rights or proprietary interest to any content, documents or other materials associated with the Services. Any form of screen recording, sharing or reproducing the content of the Services in audio or writing is strictly prohibited. The Supplier views this as serious breach and violation of copyright and will not hesitate to hold the person or entity liable for any dissemination of Licensed Material or recordings of Webinar Event being made from Services.
4.5 Except as specifically provided herein, the Customer may not use the Services in any fashion that infringes the copyright or proprietary interests therein.
4.6 The Customer shall not remove or obscure the copyright notice or other notices contained in the Services. The Licensed Material provided are not intended to and do not constitute legal advice; and no attorney-client relationship is formed between the Customer and Supplier or any Supplier’s personnel or representative. Supplier DO NOT warranty or guarantee the accuracy, completeness, adequacy or currency of the Licensed Material. The Services and Licensed Material associated with Services are NOT for any other purpose other than for the purpose of educational and informative purpose only.
4.7 Other provisions that govern the Customer’s use of Licensed Material are set forth in the Supplemental Terms for Specific Materials, online descriptions of files, online notices following file selection, and individual documents retrieved from the Services or the Licensed Material (collectively, the “Additional Terms”), all of which are incorporated by reference into this Agreement.
5. ACCESS TO SERVICES
5.1 Only the Customer shall be entitled to access and use the Services. NO Customer with outstanding debt shall be permitted to have access to the Services and Licensed Material.
5.2 Content and features may be added to or withdrawn from the Services and the Services otherwise changed without notice.
5.3 The Customer is necessary to ensure to have access to the Services and Licensed Material in accordance with this all the terms and conditions of this Agreement and the Additional Terms.
- 5.4 The Customer is necessary to ensure the following prior to joining Webinar Event:
- 5.4.1 To being web camera-ready during the Webinar Event,
- 5.4.2 Always mute mic when not speaking,
- 5.4.3 Use a wired connection or a strong signal Wi-Fi
- 5.4.4 Set display name in Webinar default to The Customer registration name
5.5 The Supplier will add the Customer into WhatsApp or any other form of Group Chat and provide the Customer a webinar id code and webinar Password to access each Webinar Event via ©2020 Zoom Video Communications, Inc or any other online meeting platform as confirmation of the Customer’s Service as specified in Agreement.
5.6 All reasonable efforts will be made to ensure that the Webinar Event take place on the advertised date and time. In the event that the Webinar Event does not take place, an alternative date/time will be scheduled. The Supplier reserves the right to necessitate substitutions, alterations or cancellations of the speakers and or where events beyond its reasonable control prevent speakers from appearing. The Customer accepts that there will be no right to any refund or cancellation in these circumstances.
5.8 The Customer consents to the Supplier monitoring the Customer that access the Webinar Event, including the number of computers and their IP addresses to ensure that the unique usernames and Passwords have not been distributed beyond.
5.9 Please do not share the Webinar Event’s link (including meeting id and Password) with others who are not registered. Each individual shall only be eligible to join the study group with one device or one account only. Your display name shall be the same as the one signed off in this Agreement.
6. TERMINATION BY SUPPLIER
6.1 The Supplier may by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it immediately and without liability for compensation or damages if:
- the Customer fails to comply with any of its obligations under this Agreement or any agreement or deed supplemental to it and the failure (if capable of being remedied) remains un-remedied for 30 days after being brought to the Customer’s attention by written notice from the Supplier;
- the Customer dies, becomes bankrupt, has a receiving order made against him, makes any arrangement with his creditors generally or takes or suffers any similar action as a result of debt;
- the Customer is guilty of any act which brings the Supplier into disrepute or which in the Supplier’s reasonable opinion is prejudicial to the Supplier’s interests;
- the Customer purports to assign the burden or benefits or charge the benefits of this Agreement.
6.2 On termination of this Agreement, the Customer shall immediately cease to make available the Licensed Material.
6.3 In all other circumstances with the exception of the above the Supplier may by written notice terminate this Agreement or suspend its performance of all or any of its obligations under it on serving of One (1) week’ notice. The Supplier’s only obligation in this event may be the pro rata refund of any charges paid in advance.
7. CANCELLATION BY THE CUSTOMER
7.1 All fees paid are not transferable and not refundable except in the circumstances set out as following:
- The Registration Fee (RM200) is not refundable under any circumstances.
- Subject to sub paragraph (a), if The Customer provides a request in writing for such refund to firstname.lastname@example.org or Arplus.email@example.com or firstname.lastname@example.org at least 7 working days or more in advance of the FIRST scheduled Webinar Event as signed up Service in this Agreement. 80% of the total original fees (before discount) paid may be refundable. There will be 20% charges of the admin and processing fee will be deducted from the fee paid.
- Subject to sub paragraph (a), if The Customer provides a request within 7 days before the FIRST scheduled Webinar Event as signed up Service in this Agreement. NO fees are refundable.
7.2 Refunds Processing Period: Any refund of fees shall within thirty (30) days of the Cancellation Day repay by Supplier.
7.3 Refund Processing Fee: A processing fee of RM100 is applicable for ALL refund submissions.
8. EXCHANGE/DOWNGRADE REQUEST BY CUSTOMER
8.1 Subject to Section 7, if the Customer is of opinion to exchange to any other available service package, the Customer may apply for such request, provided always that:
- the Customer shall give written notice via email to the Supplier in regards to the request to obtain clarification on the availability.
- such notice MUST be given within two (2) days after the FIRST scheduled Webinar Event. The giving of such written email notice shall be a condition precedent to the entitlement of Section 7.
- If the Supplier is of the opinion that the particulars submitted by the Customer are insufficient to enable assessment, the Supplier shall within two (2) days from the receipt of the Customer request under Section 8.1(b), inform the Customer of any deficiency in his submission and shall require the Customer to provide such further particulars within a further one (1) day or within such period of time as may be stated by the Supplier in writing.
- When the Customer submitted sufficient particulars for the Supplier’s consideration, the Supplier shall consider the Customer’s application and shall either issue the written notice of rejection towards Customer’s application or written notice of acceptance before the NEXT scheduled Webinar Event.
- The Customer is only allowable to exchange to a Service of an amount that shall NOT be greater than the Service paid by the Customer.
- The Supplier does not guarantee that the Customer will be able to exchange for a lower value of Services.
- Any difference in value of the Service, the Supplier shall make the relevant refund within the refund processing period: between 14 to 28 days from the day of issuance of the Supplier’s written notice of Refund via email registered in the Service.
- A processing fee of RM200 only, is applicable for all exchange/downgrade submission.
9. LIMITED WARRANTY
9.1 The Supplier represents and warrants that it has the right and authority to make the Services available pursuant to this Agreement.
9.2 EXCEPT AS OTHERWISE PROVIDED IN SECTION 8.1, THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND THE SUPPLIER MAKES NO EXPRESS WARRANTIES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THAT THE SERVICES ARE OR WILL BE COMPLETE OR FREE FROM ERRORS OR THAT LICENSED MATERIAL WILL CONTINUE TO BE AVAILABLE TO THE SUPPLIER TO ENABLE THE SUPPLIER TO KEEP THE SERVICES UP-TO-DATE.
10. LIMITATION OF LIABILITY
10.1 To the maximum extent permitted by law, a Covered Party (as defined below) shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Services or any Licensed Material available or not included therein, (b) the unavailability or interruption to the supply of the Services or any features thereof or any Licensed Material, (c) Customer’s use or misuse of the Services or Materials (regardless of whether the Customer received any assistance from a Covered Party in using or misusing the Services), (d) the Customer’s use of any equipment in connection with the Services, (e) the content of the Licensed Material and the Service, (f) any delay or failure in performance beyond the reasonable control of a Covered Party, or (g) any negligence of a Covered Party or its employees, contractors or agents in connection with the performance of its obligations under this agreement.
10.2 “Covered Party” means (a) the Supplier, the Suppliers’ affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of the Supplier or the Suppliers’ affiliates; and (b) each third party supplier of the Licensed Material, their affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any third party supplier of the Licensed Material or any of their affiliates.
10.3 The Supplier’s liability to the Customer for breach of any condition or warranty implied under any law which cannot be lawfully modified or excluded by this Agreement shall, to the extent permitted by law, be limited at the Supplier’s option to supplying the Services or Licensed Material again or paying for their re-supply. Nothing in this Agreement is intended to exclude liability for death or personal injury resulting from any negligence by the Supplier.
10.4 The Supplier’s liability to the Customer for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that the Customer caused or contributed to that loss or damage.
10.5 SUBJECT TO CLAUSE 9.3, THE AGGREGATE LIABILITY OF THE COVERED PARTIES IN CONNECTION WITH ANY OTHER CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT OF THE CUSTOMER’S ACTUAL DIRECT DAMAGES. THE CUSTOMER’S RIGHT TO MONETARY DAMAGES IN THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH THE CUSTOMER MAY HAVE AGAINST ANY COVERED PARTY.
10.6 SUBJECT TO CLAUSE 9.3, THE COVERED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE SERVICES, LICENSED MATERIAL, OR THE FAILURE OF ANY COVERED PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY.
10.7 The Services are provided for reference purposes only and are not intended, nor should they be used, as a substitute for professional advice or judgment or to provide legal advice with respect to particular circumstances.
10.8 Whilst reasonable efforts are made to keep the Services up to date, the Customer should obtain independent verification or advice before relying upon any piece of Licensed Material in circumstances where loss or damage may result.
10.9 Any Password ID number issued by Supplier to the Customer is personal and confidential to the Customer. If the Supplier suspects that any Password / ID is being used by not the Customer to whom that issued by Supplier, that Password / ID may be cancelled.
10.10 The Customer agrees that in the event that the Customer breaches the Supplier’s intellectual property contained in the Service it shall indemnify the Supplier for any actual or alleged infringement of any intellectual property right, including without limitation, trademarks, service marks, patents, copyrights, misappropriation of trade secrets or any similar property rights. The Customer further agrees to indemnify and hold the Supplier’s affiliates and their respective officers, directors, employees and agents harmless from and against any and all liabilities, costs, losses, damages and expenses (including reasonable legal fees) associated with such claim or action On condition that: (a) the Supplier shall promptly notify the Customer of any such claim or action; (b) the Supplier shall reasonably cooperate with the Customer in the defense of such claim or action at the Customer’s expense; (c) the Customer shall have the sole right to conduct the defense of any such claim or action and all negotiations for its settlement or compromise.
11.1 No waiver. A waiver by the Supplier of any breach by the Customer hereto of any terms, provisions or conditions of this Agreement or the acquiescence the Supplier hereto in any act (whether of commission or omission) which but for such acquiescence would be a breach as aforesaid shall not constitute a general waiver of such term provision or condition or of any subsequent act contrary thereto.
11.2 Entire understanding. This Agreement embodies the entire understanding of the parties in respect of the matters contained or referred to in it and there are no promises, terms, conditions or obligations oral or written, expressed or implied other than those contained in this Agreement.
11.3 Variation. No variation or amendment of this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by Supplier and Customer.
11.4 Prior agreements. This Agreement is in substitution of all previous contracts, express or implied, between the Supplier and the Customer which shall be terminated by mutual consent from the Commencement Date.
11.5 Law and jurisdiction. This Agreement shall be governed by English law and the Customer consents to the exclusive jurisdiction of the English courts in all matters regarding it except to the extent that the Supplier invokes the jurisdiction of the courts of any other country
11.6.1 Any notice given under this Agreement shall be in writing and may be served: personally; by registered or recorded delivery mail; by facsimile transmission; or by any other means which any party specifies by notice to the other.
11.6.2 A notice shall be deemed to have been served: if it was served in person, at the time of service; if it was served by facsimile transmission, at the time of transmission.
11.7 Contracts (Rights of Third Parties). Subject to clause 10.10 A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1950 to enforce any term of this Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
11.8 Interpretation. In this Agreement words expressed in any gender shall where the context so requires or permits include any other gender. 11.9 No Assignment. The Customer may not assign its rights or delegate its duties under this Agreement without the Supplier’s prior written consent.
11.10 Third Party Suppliers. Each third party supplier of Licensed Material has the right to assert and enforce this Agreement directly on its own behalf as a third party beneficiary.
11.11 Data Protection.
11.11.1 The Supplier will use personal Licensed Material to collect about the Customer for the purposes of (a) providing access to and use of the Services to the Customer, (b) providing customer support, billing and other similar activities related to the Services, and (c) keeping the Customer informed about products, services, offers and upcoming events and to improve the Supplier’s services. The Supplier may also provide personal Licensed Material about the Customer to third parties for the purpose of providing the Customer with direct marketing offers which the Supplier thinks may be of interest. If the Customer do not wish to receive Licensed Material about other products, services, offers and events, notify the Supplier in writing.
11.11.2 In accordance with the Data Protection Act 2010, The Supplier will provide and export personal Licensed Material about the Customer to other members of its company group, including ARPPLUS TRAINING PLT, Malaysia, for the purposes of (a) providing access to and use of the Services to the Customer, and (b) providing customer support, billing and other similar activities related to the Online Services.
Your use of the service is subject to the following:
While the Supplier endeavours to ensure that the Licensed Material provided on the Websites and the Licensed Material provided in connection with the Solution is correct, the Supplier does not warrant the accuracy and completeness of such material.
The Study Group or Webinar Terms and Conditions, your agreement for access to AR+ services and the points below (together the “Terms”) apply to all the relevant services. By using this service, you confirm that you have authority to agree to and accept the Terms.
We do not provide and are not providing legal advice. You are solely responsible for your use of, and/or any reliance on, responses to questions or the content of other AR+ materials. You accept that your use of the service (including any reply from Supplier) does not create or imply a lawyer-client relationship of any kind. You accept that we do not owe you any duty of care.
We are under no obligation to respond to your question or to respond within any particular time frame. We may, at our discretion, publish your question (in an anonymised form) and our response as a Q&A document for other users to view, either in its original form or in a form edited by Supplier. We may also remove any Q&A document at any time for any reason.
It is your responsibility to ensure that you do not include confidential, personal or other proprietary Licensed Material in your submissions.
All the above Licensed Material is for educational purposes ONLY. None of the Licensed Material contained here constitutes nor should be construed neither as terms & conditions nor as a contract that bind the Supplier. The Supplier has the right to amend the policy, planning as well as the schedule of the program should there be any changes in the future.
All The above services are governed by Laws of Malaysia.