Terms & Condition
DEFINITION
References to “Client” or “you” in this Terms and Conditions and the Course Regulations refer to you.
References to “we”, “our” or “us” in this Terms and Conditions and the Course Regulations refer to Wake Up Malaysia Enterprise.
ENGAGEMENT
You hereby acknowledge that you have read and understood all the provisions contained in this Terms and Conditions and you agree that this Terms and Conditions and the Course Regulations form a contract between you and us.
Your payment 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 REGULATIONS
You will be provided with a copy of our Course Regulations after your payment. You acknowledge and agree that the rules and regulations set out in the Course Regulations shall form part and parcel of this Terms and Conditions and shall be binding on you.
You agree that in the event that you fail to comply with any rules and regulations contained in the Course Regulations:-
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 class peacefully upon requested by us; and
c) you shall have no claim of whatsoever nature against us arising thereof or in relation thereto.
NO REFUND
You acknowledge and agree that the value of the itemized products and/or services to be provided to you under the Course and as informed by us to you represents the true value of the said products and/or services (for which you shall have no dispute), and it may exceed the amount of the payment made by you. Accordingly, and unless the amount paid by you exceeds the value of the itemized products/services provided to you, you shall have no claim against us in respect thereof.
ASSIGNMENT
In the event that you are unable to attend the class scheduled under the Course, you may nominate a third party to attend on your behalf 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 scheduled class; and
b) you have procured a written agreement from the said nominated attendee to comply with the terms of this Terms and Conditions.
You further acknowledge that it is your sole responsibility to procure such nominated attendee and in the event that you fail to procure any attendee to attend the class, you shall be deemed to have given up your right to attend the class and in such event, you shall not be entitled to any compensation in respect thereof and you shall not have any claim of whatsoever nature against us.
RIGHT TO CHANGE
You hereby acknowledge and agree that we reserve the right to amend or change the date, time, venue and mode of conducting the Course.
We will notify you in writing of the amendment(s)/change(s) made and 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).
You warrant that you shall / have given us a valid email address and mobile number. 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
You acknowledge and agree that 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.
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.
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.
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
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
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 authorize 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
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
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
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 (hereinafter collectively referred to as “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.
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.
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 hereinabove; 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 hereinabove 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.
Time: Time wherever mentioned in this Terms and Conditions shall be the essence of this Terms and Conditions.
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.
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.
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.
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.
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.