DEFINITIONS AND INTERPRETATION
In these General Terms & Conditions, unless the context otherwise requires, the following terms shall have the following meanings:
“Agreement”, means this Terms and Conditions;
“Company”, means Tribeup Academy of 1-15-08 The Spring, Lebuh Sungai Pinang 2, 11600 Penang.;
“Participant”, means the person who signs up for any Course conducted by the Company from time to time.;
“Course”, means the Company’s series of programmes in relation to digital marketing and website development;
“Fees”, means the payment to be made by the Participant to the Company in consideration for participating in the Course at the relevant published rate at the Website;
“Website”, means http://www.tribeupacademy.com/; and
“working day”, means any day which is not a Sunday, Saturday or a public holiday for commercial bank in Penang.
This Agreement shall remain valid and in force the period commencing from the date of this Agreement and expiring upon completion of the Course according to the schedule published on the Website or lawful termination of this Agreement in accordance to the terms herein contained, whichever is earlier (“Term”).
The Participant hereby agrees to pay the full Fees and applicable taxes to the Company upon signing of this Agreement.
If the Participant fails, neglects and/or refuses to pay the Fees or any part thereof, the Company shall not be obliged to allocate a course to the Participant and the Company retains the absolute discretion to release the Participant’s placement in respect of the Course and available intake dates to any other interested party.
All amounts payable to the Company under this Agreement and as displayed on the Website are inclusive of government service tax, goods and services tax or any other value added tax (if any), however, the Company reserves the right to impose or adjust such tax (where required under law) on any other payment due from the Participant, upon which the Participant shall pay the same upon the Company’s issuance of a valid tax invoice.
CANCELLATION & DEFERMENT
Subject to Clause below, in acknowledgement of the high demand and limited spaces for our Courses, if the Participant requests for cancellation of Course, the cancellation and refund policy will be as follows:
50% refund – The Participant may receive a 50% refund of Fees by serving the Company a written request for cancellation 1 month before of the Participant’s allocated intake date.
No refund – The Participant shall not be entitled to any refund of Fees and the Company shall forfeit the Fees absolutely for any cancellation within 7 days of the intake date or after the Course has commenced.
Subject always to the Company’s approval, the Participant may defer the intake date without forfeiture of Fees by notifying the Company in writing no later than 1 month before the intake date. The Participant may defer the intake date once only. The Company may at its discretion allow for deferment on the ground of medical emergencies. Failure to attend the intake without securing a deferred intake date shall be regarded as a cancellation and will result in a forfeiture of Fees. Any cancellation after deferment shall also be subject to the above ‘refund policy’ based on the deferred intake date.
VENUE AND DATE
The Course shall be conducted by the Company at the venue and date to be published at the Website.
The Participant shall make the travelling or accommodation arrangement (if so required) at his own costs and expenses to attend the Course set and informed by the Company via the class notification letter.
The Company reserves the right to change the venue, date and/or duration of the Course in exceptional circumstances which is beyond the control of the Company. The Company shall accordingly provide the Participant reasonable notice of any such changes. The change of the venue, date and/or duration of the Course or any sessions, course and/or any other activity therein, shall not entitle the Participant to claim against the Company for any loss, damages or liability arising from such change.
TRANSFER & SUBSTITUTION
The Participant shall not, without the prior consent of the Company:
- transfer or assign his rights and obligations in this Agreement or his participation in the Course to any other party; or
- allow any other party to replace or substitute him in the Course.
All materials and/or works used in the Course or produced during the Course shall be the exclusive property of the Company and are subject to copyright. The payment of Fees by the Participant does not amount to the transfer of ownership by the Company to the Participant of any intellectual property contained in the materials used in the Course.
The Participant expressly agrees that any Company property, particularly all the methodology and teaching materials, provided to the Participant, shall not be reproduced, disclosed, distributed, copied, modified or otherwise made publicly available online or offline, in whatsoever manner without the prior written consent of the Company. The Participant expressly agrees to indemnify and keep indemnified the Company for any damages, demands, losses, expenses, claims and/or penalties due to or arising from your breach to the foregoing restriction.
The restriction in Clause above shall continue to apply even after completion or cancellation of the Course without limit in point of time for whatever reason.
The Company reserves all rights to terminate this Agreement at any time:
- before the commencement of the Course by serving a prior written notice to the Participant. Upon such termination and in the absence of breach by the Participant, the Company shall refund the Fees.
- should there is any breach of this Agreement by the Participant, and the Company shall be entitled to retain the Fees as liquidated damages without prejudice to any other rights and remedies available to the Company pursuant to the laws and under this Agreement.
RELATIONSHIP OF PARTIES
Relationship of the parties under and in relation to this Agreement shall be limited to the matters herein contained and what is provided for by law. Nothing herein provided shall be considered or interpreted as constituting the relationship in which any party may be liable for the acts of the other party, nor shall anything contained be considered or interpreted as constituting a partnership between the parties.
The Participant shall be responsible for the safety and integrity of his/her belongings, including laptops, data and work products used during the Course and the Company shall not be held liable for any loss or damage to the same.
The Participant shall not use the Company’s property or premise to conduct any malicious activity including hacking or proliferating viruses and the Participant shall indemnify the Company against any claims, losses, lawsuits arising from the aforesaid.
WAIVER, FORBEARANCE AND VARIATION
No failure or delay by either party hereto in exercising any right power or privilege hereunder shall operate as a waiver thereof nor affect the other party’s liability hereunder nor shall any single or partial execution of any right power or privilege hereby conferred preclude any further exercise thereof or the exercise of any other right, power or privilege hereby conferred. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
PERSONAL DATA PROTECTION
The Organizer strictly applies the respective measures for protection of personal data from third persons in accordance with the Personal Data Protection Act. The Organizer shall not publicly disclose any personal information of the Participants registered for the Event. The Organizer reserves the right to provide some of the Participant’s information to speakers, sponsors and partners.
The Organizer reserves the right to use part of the data entered in the registration form as a part of the statistics used and announced for the respective Event, as well as for marketing purposes.
Each registrant agrees to be photographed during the event and these photos are owned by the Organizer. The Organizer reserves the right to photograph and film the hall and visitors during the event and to use the photos and videos for marketing purposes.
The construction, validity and performance of this Agreement shall be governed in all respects by the law of Malaysia. The Parties hereto hereby submit to the exclusive jurisdiction of the Courts of Malaya.
INVALIDITY AND SEVERABILITY
If any provision of this Agreement is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
- such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
- the remaining provisions of this Agreement shall remain in full force and effect; and
- the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
Any notice given pursuant to this Agreement shall be in writing and be given by sending the same by facsimile, email, prepaid registered post or left if addressed to the party concerned at its address given in this Agreement or at such other address as such party may by notice in writing to the other parties have notified them for this purpose or by delivering the same to the party concerned at such address and any notice so given shall be deemed to have been served 3 working days after it has been posted or as the case may be, at the time it was delivered or left as aforesaid (unless the date of despatch is not a working day in the locality of the addressee or the time of despatch of any telefax is after 5.30 pm in which case it shall be deemed to have been received at the opening of business on the next working day).
CHANGE OF TERMS
The Company reserves the right at its own absolute discretion to alter these Terms & Conditions contained herein at any time and from time to time by written notification to the Participant(s).