(A) terms and conditions in relation to the use of the following websites (“Websites T&C”):
(collectively, known as the “Websites”); and
(B) terms and conditions in relation to the enrolment to the online course(s) provided by Woodpecker Academy through the Websites (“Online Course T&C”).
A. Websites T&C
The Websites are operated by Woodpecker Academy (Company No. 003106190-X).
1.1 References to “you” in this Websites T&C refer to you.
1.2 References to “we”, “our” or “us” in this Websites T&C refer to Woodpecker Academy (Company No. 003106190-X).
You hereby acknowledge that you have read, understood and agree to be bound by all the provisions contained in this Websites T&C.
- Website Content
3.1 All contents of the Websites, including but not limited to information, data, articles, features, images, icons, audio, video, links to third party sites or otherwise etc. (“Website Content”) are provided on an “As Is” and “As Available” basis without any representations or warranty (whether implied, express or statutory) on the truth, accuracy, completeness, compatibility, reasonableness or sources of such Website Content.
3.2 Inclusion or links to any third-party site or any third-party content does not imply approval or endorsement by us and you shall access and evaluate those information at your own risk.
3.3 All Website Content are protected by copyright laws, trademarks or other information and intellectual property rights, and are either owned or controlled by us. Any alterations, copying, distribution, transmission, display, reproduction, publishing, linking of any part of the Websites or Website Content in any manner is strictly prohibited without our prior written consent.
- Disclaimer and Non-liability
4.1 Under no circumstances that shall we be liable for your 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, caused by or arising from the following:-
(a) any error, problems, delay or technical malfunction of any system, software and hardware, servers, providers, features, network, equipment, devices howsoever caused;
(b) the conduct of any user accessing the Websites or services offered through the Websites, whether online or offline;
(c) your use or reliance of the information and material contained in the Websites, Website Content or from your access to linked websites;
(d) false, incorrect, incomplete information or any misrepresentation or infringement of third-party rights relating to the use or reliance on any part of the Website Content;
(e) any improper or unlawful third-party act including but not limited to theft, fraud, hacking, unauthorized access or use of the Websites due to any reason whatsoever at any time;
(f) any rejection, revocation, cancellation, termination, suspension, blocking of any user account, requests, application or any outcome or result whatsoever whether determined by us or otherwise;
(g) any incident or occurrence caused under circumstances where a disclaimer of liability or warranty has been specifically made under this Websites T&C; and/or
(h) any breach of this Websites T&C.
4.2 We make no warranty of any kind either implied, express or statutory, including but not limited to warranty of ownership, non-infringement, satisfactory quality, suitability or eligibility, re-payment, returns, results, debt collection nor do we warrant that the Websites, any software and hardware will be free of bugs, errors, viruses or other defects.
4.3 You hereby undertake to fully indemnify us for any damages, losses, expenses and costs that may arise (whether direct or indirectly) due to you committing a breach of any provisions of this Websites T&C. Your obligation to indemnify us shall be in addition to and without prejudice to other rights and remedies available to us whether under contract, common law or otherwise.
- Consent to Electronic Transactions and Signatures
You agree that all businesses, signatures, communications, notices, instructions and messages transacted and executed electronically through the Websites shall be deemed properly executed and received.
- User Representations
Without prejudice towards your other obligations under this Websites T&C, you further represent and warrant that you:
(a) are eighteen (18) years of age or older (applicable to natural persons only);
(b) will not damage, disable, overburden, hack or impair the Websites or interfere with any other user’s use and enjoyment of it;
(c) will not destroy or cause harm or limitation to the functionality of any computer software or hardware operating or accessing the Websites, such as infecting them with viruses, computer “worms”, trojan, spyware, keyloggers or any other malicious software;
(d) will not upload, submit, publish, share, send or post any unsolicited or unauthorised materials on or vide the Websites including but not limited to spam or chain mails, advertising or promotional materials or any other form of solicitation;
(e) will not copy, reproduce, alter, modify, create derivative works from, or publicly display, any part of any content from the Websites without our prior written consent;
(f) will not contact any users/members of the Websites directly to enter into any lending transactions outside of the services provided on the Websites;
(g) will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or authority to act on behalf of any person or entity;
(h) will not register for a user account for another user or operate a user account or sign a document required by the Websites for the benefit of any person or entity who is not eligible to do so;
(i) will not register for a user account for another user or operate a user account or sign a document required by the Websites for the benefit of any person or entity unless being validly authorized to do so; and
(j) will only use the Websites for lawful purposes and will not be involved in any unlawful activities including but not limited to money-laundering, fraud, scams, cyber-crime and any other criminal acts.
- Our Rights
7.1 In addition to and without prejudice towards other rights and remedies we may have in contract or in law or otherwise, in the event you are found to have breached any of the terms contained in this Websites T&C, we shall have the right to revoke, suspend or terminate your user account, cancel or revoke any approval or requests for services granted by us and/or block or bar your access to the Websites.
7.2 In the event we fail, delay or neglect to enforce any provision, right or remedy under this Websites T&C, it shall not be construed as a waiver of our rights to enforce the same.
- Modification and Revision
8.1 We reserve the right to modify the content, features and functionality of the Websites and to limit or deny access to all or part of the Websites at any time, for any reason, without prior notice, and will not be liable in any way to you, your company or any third party for any loss, liability or consequences of such actions.
8.2 We may revise this Websites T&C at any time without prior notice and you are advised to check this Websites T&C periodically to ensure that you are aware of and are complying with the current version. Changes are binding on all users of the Websites and will take effect immediately from the posting of the revised version of the Websites T&C on the Websites. You agree that your use or continuing use of the Websites shall constitute your acceptance of such changes.
Each of the provisions of this Websites T&C is severable and distinct from the others and, should any provision of this Websites T&C 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.
- Governing Law
This Websites T&C shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the Courts of the Malaysia.
- Online Course T&C
1.1 References to “you” in this Online Course T&C refer to you.
1.2 References to “we”, “our” or “us” in this Online Course T&C refer to Woodpecker Academy (Company No. 003106190-X).
- Acknowledgement and Engagement
2.1 You hereby acknowledge that you have read, understood and agree to be bound by all the provisions contained in this Online Course T&C.
2.2 Your payment entitles you to enter into an agreement directly with us to receive our products and/or services in respect of the course(s) purchased by you (the “Course”).
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, 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.
4.1 You hereby acknowledge and agree that in the event that you wish to withdraw from the Course, you are only entitled to a refund of payment made provided that:
(a) you did not sign up/purchase the Course using a coupon code or promotion or through the referral program or affiliate program or via any installment plan, unless otherwise stated hereinbelow; AND
(b) you have fulfilled the conditions for refund of the respective Course below.
You shall give us a written notification for refund within 30 days from the date of commencement of the Course or the date of first online tutorial class of the Course (as duly informed by us), whichever is earlier.
4.2 You further acknowledge and agree that there shall be no refund made to you save as provided for under or in accordance with clause 3 or 4.1 stated above.
5.1 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.
5.2 Unless otherwise permitted by us, you shall not, and shall not attempt to:
(a) take any audio/video recording of any materials provided under 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.
5.3 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.
5.4 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 Online Course T&C 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 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.
7.1 You hereby confirm that you consent for us to contact you by phone, email, SMS, or other means in regards to this purchase and future opportunities.
7.2 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.
7.3 You also agree and have consented 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 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 arising from or in connection with the Course.
- Force Majeure
If the provision of products and/or services as contemplated by this Online Course T&C 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.
10.1 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 Detail”) failing which we reserve the right to reject your enrolment to the Course. 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.
10.2 Notice: Any notice or request to be served by either party hereto to the other under this Online Course T&C 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 last known address; 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 last known address 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.
10.3 Time: Time wherever mentioned in this Online Course T&C shall be the essence of this Online Course T&C.
10.4 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.
10.5 Severability: Each of the provisions of this Online Course T&C is severable and distinct from the others and, should any provision of this Online Course T&C 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.
10.6 Entire Agreement. This Online Course T&C 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 Agreement or their respective representatives. NO representations or statements of any kind made by either party that are not expressly stated in this Online Course T&C shall be binding on the parties.
10.7 Amendments: We may revise this Online Course T&C at any time without prior notice and you are advised to check this Online Course T&C 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 Online Course T&C on the Websites. You agree that your use or continuing use of the Websites and/or your continuance of the Course shall constitute your acceptance of such changes.
10.8 Governing Law and Jurisdiction: This Online Course T&C shall be governed by and construed in accordance with the laws of Malaysia. The parties hereto submit to the non-exclusive jurisdiction of the Courts of the Malaysia. Should you have any further query on the above, please drop us an email at firstname.lastname@example.org or contact us at +6010-3901778.