1. Definitions
“Confidential Information” means information provided by Traderpreneur Xcellence (“TX”) to you in written, graphic, records, machine readable or other form concerning the course, business, clients, suppliers, finances and other areas of TX’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 TX to accompany a course provided as part of the Services in hard copy or electronic form. All the Course Material are strictly for illustration purposes only and shall not be interpreted as a promise or guarantee of earnings or results. “Fees” means the fees paid by you to TX or any other party directed by TX 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 us of an online course pursuant to which you learn Course Materials remotely. “Physical Course” a course taught by us at the designated venue to which you attend in person. “Services” means the provision of the Online Course and/or the Physical Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through our event, online or by telephone.
2. Services
2.1. Before your subscription to the Services, you should have descriptions of the Services together with the dates on which the Services will be provided to you.
2.2. We reserve the right to modify, vary or withdraw any of the Services without notice.
2.3. The Services are for training and educational purposes only. TX will not accept any responsibility to any party for the use of the Services and/or the Confidential Information for any purpose other than training for educational purposes, including but not limited to, the giving of advice by you to any third party.
3. Fees
3.1. You shall pay the Fees to TX latest by seven (7) working days before commencement of the Services.
3.2. Subject to Clause 4 below, the Fees paid shall not be refundable for any reason.
3.3. By paying the Fees, you accept the terms and conditions stated herein.
4. Refund of Fees
You may withdraw from the course and request for full refund of the Fees within 7 working days, subject to deduction of 10% administrative charges, provided that: (i) you have not attended any of the Online Course/Physical Course provided; and (ii) you have yet to sign in and/or register/or access and/or log in to the Course Materials.
5. Liability
5.1. 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” under the Schedule 2 of the Capital Markets and Services Act 2007.
5.2. TX is not licensed by the Security Commission Malaysia for providing investment advice and all the provision, Confidential Information and Course Materials of the Services is only for illustration and educational purposes.
5.3. Although TX aims to provide the Services to the highest standards of the industry, neither it, nor its trainers/speakers accept any liability for (i) any inaccuracy or misleading information provided in the course 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.
5.4. 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.
5.5. Notwithstanding anything to the contrary, TX's total liability arising from or in connection with these terms and conditions and in relation to anything which it may have done or not done in connection with these terms and conditions and thedelivery of the Service (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the Fees received by TX in connection with the relevant Online Course or Physical Course in relation to which a dispute has arisen.
5.6. No claim whatsoever may be brought more than seven (7) days after the last date on which the Services concerned have finished or ceased to be provided by us.
6. Intellectual Property
6.1. All Intellectual Property Rights in the Confidential Information, Course Materials, Online Courses and the speeches made by trainers at the Physical Courses are, and remain, the intellectual property of TX or its licensors, whether adapted, written for or customised for you or not.
6.2. You are strictly not authorised to:
6.2.1. copy, modify, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit or distribute any of the Course Materials without prior written consent from TX; and
6.2.2. record on video or audio tape, relay by videophone or other means the Online Course or Physical Course given;
6.3. Without prejudice to TX’s rights and remedies under these terms and conditions and under the law, any breach by you of this clause shall allow us to immediately terminate these terms and conditions with you and cease to provide you with any Services.
7. Confidentiality
7.1. You shall keep the 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.
7.2. TX shall be entitled to take legal action against you should there be any violation of this clause by you and you shall indemnify TX for any loss, damage, costs or expenses whatsoever arising out of or in any way connected with such breach.
7.3. This clause shall continue notwithstanding completion of the Services or termination of these terms and conditions.
8. Termination
8.1. We 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:
8.1.1. fail to pay the Fees;
8.1.2. act in an aggressive, bullying, offensive, threatening or harassing manner towards any employee of TX, any speaker or guest who provides the Services;
or
8.1.3. are in breach of these terms and conditions.
8.2. Clause 5 (Liability), Clause 6 (Intellectual Property) and Clause 7 (Confidentiality) shall continue notwithstanding termination under this clause.
9. Entire Agreement
These terms and conditions set out the entire agreement and understanding between the parties in respect of the subject matter hereof and supersedes all prior negotiation, understandings and discussions, whether oral or written, of the parties and there are no representations, warranties, covenants, undertakings or other agreements, whether express or implied and oral or written, between the parties in connection with the subject matter hereof except as expressly stated in this Agreement.
10. Force Majeure
TX 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 and other Acts of God, terrorism, strikes, pandemic, epidemic, failure to provide a course caused by a death in the speaker’s family, illness of the speaker, Government edict or regulation.
11. Data Protection
You hereby consent to TX’s processing personal data and sensitive personal data as defined in the Personal Data Protection Act 2010 concerning you in its manual and computerised/automated filing systems internally and, so far as is reasonably necessary, externality, for the purposes of complying with statutory requirements, meeting TX's legitimate interests, properly conducting TX's business and complying with these terms and conditions.
12. Publicity and Marketing
You agree that TX may take, record and use photographs/videos of you during the course for marketing and publicity purposes.
13. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of Malaysia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.
