STANDARD TERMS FOR THE PURCHASE AND USE OF SERVICES
(myeduskills)
IMPORTANT : Please Carefully Read And Understand These Terms and Conditions.
Please be aware that by clicking Agree/Accept Button, you are entering into a binding agreement with Speed Training Sdn.Bhd (Company No : 1323357-A) (a subsidiary of Asia e Learning Sdn.Bhd which is the owner and licence holder for Asia e University) a company incorporated in Malaysia and having its registered and correspondence address at No.106, Jalan SS15/4, Subang Jaya, 47500 Selangor (“STSB”) (hereafter shall be referred under their platform name known as “myeduskills”).
These terms and conditions are in addition to the Website Disclaimer (if any). Please read these terms and conditions carefully before purchasing any Services and print off a copy for your records.
If there is any conflict between these standard terms and Course Specific Terms and Conditions (if any) which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:
For purchases via myeduskills website, by clicking on the “Agree/Accept” button you agree to the terms of this agreement which will bind you. If you do not agree to these terms and conditions you must cease to continue to purchase any Services from myeduskills.
1. Definitions
“Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.
“Course Materials” means the information provided by the Course Provider to accompany a course provided as part of the Services in electronic form.
“Fees” means the fees paid by you to myeduskills for the Services.
“Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to
Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.
“Online Course” means the delivery by the Course Provider of an online course pursuant to which you learn course materials remotely.
“Services” means the provision of the Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Website.
“Website” means www.myeduskills.com
“You” means the individual and/or client purchasing the Services.
“Course Provider” means any individual and/or corporation and/or partnership, or other entity who have entered a binding contract with STSB via Platform Services Agreement, offering or selling their Courses to you through myeduskills.
“Course Duration” means the full length of the Online Course and/or Services.
2. The Services
2.1. A description of the Services together with the dates on which the Services will begin including the Course Duration are available on the Website. myeduskills will provide the Services with reasonable care and skill in accordance with the description set out on the Website.
2.2. myeduskills reserves the right to vary or withdraw any of the Services described on the Website without notice.
2.3 myeduskills expects you to confirm that the Services you are purchasing will meet your needs. myeduskills do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services.
3. Ordering Services
3.1. In order to purchase any of the Services on-line you must register for an account with myeduskills via the Website. If you already have an account with myeduskills you can log into your account using your user name and password.
3.2. When you place an order for a Service via the Website, you are offering to purchase the Services on these terms and conditions. myeduskills reserves the right to cancel or decline your order or any part of your order at any time until it has been confirmed in accordance with clause 3.5 below.
3.3. Following receipt by myeduskills of your order for Services via the Website, we will email you confirming receipt of your order.
3.4. A legally binding agreement between myeduskills and you shall come into existence when we have :
(a) accepted your offer to purchase Services from us by sending you an email confirming the purchase; and
(b) received payment of the relevant Fees from you in accordance with clause 5 below.
3.5. Where your order consists of multiple Online Courses and/or Services, each individual course will be treated by myeduskills as a separate offer to purchase. Acceptance of your offer to buy one or more courses will not be acceptance by myeduskills of your offer to purchase any other courses which make up your order.
3.6. myeduskills does not and is not responsible for booking any examination with any professional body or examination board. It is your responsibility to ensure that you book prior to the relevant closing date any exam necessary that you wish to take and which may or may not be associated with the subject matter of the Services provided to you by myeduskills.
4. Cancellation and Variation
4.1. You are permitted within seven (7) working days starting on the day myeduskills have concluded our agreement in accordance with Clause 3.4, to cancel your purchase of the Services without reason and to receive a full refund from myeduskills.
4.2. In order to comply with the cancellation period, it is sufficient that you send a notice of the exercise of the cancellation right before the expiry of the cancellation period and email to :myeduskills.speed@aeu.edu.my
4.3 If you cancel the Services after seven (7) working days but before fifty percent (50%) completion of the Course Duration, you will get a prorated refund, however it is subject to cancellation fees (if any).
4.4. You will not receive a refund, prorated or otherwise if you cancel the services after fifty (50%) percent completion of the Course Duration
4.5 Notwithstanding clause 4.1 and 4.3 there is no other right to cancel or vary your purchase of Services and any other cancellation and/or variation of course dates will be at the entire discretion of myeduskills.
5. Fees
5.1. The Fees for the Services shall be as set out on the Website at the time you placed an order for them.
5.2. Unless otherwise specified at the time you purchase the Services the Fees are exclusive of service taxes, and the cost of some Course Materials. Each of these costs will be set out in the Website prior to your purchase the Services.
5.3. Save where specifically stated otherwise on the Website, all Fees shall be exclusive of any amounts payable to any professional body for registration and examination entry. These are payable by you directly to the relevant professional body or examination board and we accept no responsibility or liability for your failure to book your exam with the relevant professional body or examination.
5.4. Fees for the Service selected by you on the Website shall be debited from your credit / debit card at the time of purchase. Fees must be paid in full prior to your accessing any Services.
5.5. Any fees charged by your debit or credit card provider in connection with your purchase of Services are for your own account and myeduskills shall not be responsible for these.
5.6. You shall be responsible for all costs you incur in connection with your access onto any Services.
6. Liability
6.1. No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment advice.
6.2. Although myeduskills aims to provide the Services to the highest standards of the industry, neither it, nor its Course Provider accept any liability for:-
(i) any inaccuracy or misleading information provided in the programmes or Course Materials and any reliance by you on any such information,
(ii) any loss or corruption of data,
(iii) any loss of profit, revenue or goodwill, or
(iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
6.3. Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services.
6.4. Subject to clause 6.5 below, myeduskills total liability arising from or in connection with these terms and conditions and in relation to anything which myeduskills may have done or not done in connection with these terms and conditions and the delivery of the Services (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by myeduskills in connection with the relevant Services in relation to which a dispute has arisen.
6.5. Nothing in this Agreement shall exclude or limit myeduskills liability for:-
(i) fraudulent misrepresentation; or
(ii) any other matter which under Malaysian law may not be limited or excluded.
6.6. No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by myeduskills.
7. Intellectual Property
7.1. All Intellectual Property Rights in the Course Materials and Online Courses are, and remain, the intellectual property of myeduskills or its licensors or its Course Provider, whether adapted, written for or customised for you or not.
7.2. You are not authorised to:-
(i) copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written permission;
(ii) record on video or audio tape, relay by videophone or other means the Online Course given;
(iii) use the Course Materials in the provision of any other course or training whether given by myeduskills, the Course Provider or any third party trainer;
(iv) remove any copyright or other notice of myeduskills and/or the Course Provider on the Course Materials;
(v) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the Online Courses.
Breach by you of this clause 7.2 shall allow myeduskills to immediately terminate these terms and conditions with you and cease to provide you with any Services, including but not limited to access to the Online Courses.
7.3. In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course.
8. Confidentiality
8.1. Each party shall keep the other party’s Confidential Information strictly confidential and not use it otherwise than for the purposes of these terms and conditions, and shall return it on demand and not retain copies of it.
8.2. Either party may disclose Confidential Information to its legal and other advisors for the purposes of obtaining advice from them.
8.3. This clause shall continue notwithstanding termination of these terms and conditions.
9. Termination
9.1. myeduskills shall be entitled to terminate these terms and conditions and cease to provide you with any Services with immediate effect in the event that you:
9.2. On termination Clause 6 (liability), Clause 7 (intellectual property rights), Clause 8 (confidentiality) and Clause 10 (restrictions) shall continue notwithstanding such termination.
10. Assignment
10.1 Any Services provided by myeduskills under these terms and conditions are personal to you and cannot be transferred or assigned to any other person.
10.2 myeduskills shall be entitled to assign these terms and conditions to any other company or third party at our discretion without prior notice to you.
11. Entire Agreement
These terms and conditions, together with the Website Disclaimer (if any) and Course Specific Terms and Conditions (if any) are the entire agreement between the parties and supersede any prior agreements and arrangements, whether written or oral. You confirm that you have not relied on any representations in entering into these and any other terms and conditions with myeduskills. Nothing in this clause or terms and conditions shall limit liability for any fraudulent misrepresentation.
12. Force Majeure
myeduskills shall not be liable to you for any breach of its obligations or termination under these terms and conditions arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes, pandemics, endemics, outbreaks of infectious disease including quarantine and/or lockdown and other Acts of God, terrorism, strikes, delay caused by transport disputes, failure to provide a service caused by a death in the course provider’s family, illness of the course provider, act of Government such as emergency, imposed travel banned restrictions and mandatory business closure.
14. Data Protection
14.1 The nature of the Services provided by myeduskills means that we will obtain, use and disclose (together "Use") certain information about you ("Data"). By purchasing the Services you agree to the Use of Data.
14.2 When you register with myeduskills you will need to provide certain Data such as your contact details and demographic information. myeduskills will store this Data and use it to contact you, provide you with details of the Services you have purchased and otherwise as required during the normal provision of the Services.
14.3 myedukills may also use the above Data, and similar Data you provide us in response to surveys, to aggregate user profiles. We will not pass any personal data onto anyone outside of myeduskills,
14.4 To enable myeduskills to monitor and improve our Services, we gather certain aggregated information about you, including details of your operating system, browser version, domain name and IP address, the URL you came from and go to and the parts of the Website you visit.
14.5. myedukills use information such as your User ID, session identifiers and password to enable us to identify whether you are using our services, assist with the provision of services and to ensure that you have access to relevant products. We will only read cookies from your cookie file placed there through your web browser's interaction with the Website.
14.6. myedukills products may link to third party websites and we are not responsible for their data policies or procedures or their content.
14.7. myeduskills endeavour to take all reasonable steps to protect your personal Data including the use of encryption technology, but cannot guarantee the security of any Data you disclose. You accept the inherent security implications of being and transacting on-line over the internet and will not hold myeduskills responsible for any breach of security.
14.8. myeduskills may supplement the information that you provide with information we receive from third parties, such as exam registration bodies or your employer.
15. Software Updates
myeduskills will automatically update the website from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates as part of your use of the Services.
16. Law and Jurisdiction
This Agreement is subject to Malaysian law and the parties submit to the exclusive jurisdiction of the Malaysian courts in connection with any dispute hereunder.
17. Effect Of Headings
The headings of the Clauses of this terms and Conditions are for convenience of reference only and do not form a part of this contract and shall not affect the interpretation thereof.
18. Notices
If you have any questions, comments and/or any difficulty completing and understanding this terms and conditions, you can contact us by any of the following methods:
Email: myeduskills.speed@aeu.edu.my
Declaration
With clicking Agree/Accept Button, I confirm that I have read and understood these Standard Terms and Conditions and the information of Data Protection, information on the processing of Use of Data in connection with the Services purchased at myeduskills and I understood about the right of cancellation.
I hereby register for the Services, taking into consideration the contractual terms and conditions, and assure the completeness and correctness of my stated data. With the acceptance of my offer by myeduskills, the contract between me and myeduskills comes into effect.
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