STUDENT TERMS AND CONDITIONS
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- These terms and conditions (“Terms and Conditions“) contained below is a legal and binding agreement made between you and Eleventh Division Sdn Bhd (Company No.: 1102228-P) (“our”, “us”, “we”).
- By using any of our Services (defined hereinbelow) offline and/or online vide the Website, you are deemed to have read, understood and agreed to observe, comply and be bound with these Terms and Conditions.
- We reserve the rights to change, modify, add or remove any or all parts of these Terms and Conditions from time to time without prior notice given to you. Such amendment shall form parts of these Terms and Conditions. You are deemed to have read, understood and agreed to observe, comply and be bound by such amendments.
- You are advised to read these entire Terms and Conditions before proceeding with any request of our Services (defined hereinbelow) and to read and understand any amendments from time to time.
- You further agree that your continued use of our Services (defined hereinbelow) offline and/or online vide the Website, shall constitute an acceptance of these Terms and Conditions.
- In this Student Terms & Conditions, unless the context otherwise requires, the following terms shall have the following meanings:
“Agreement” means this Terms and Conditions;
“Company” means Eleventh Division Sdn Bhd (Company No.: 1102228-P) of 79A, Jalan SS21/37, Damansara Utama, 47400 Petaling Jaya, Selangor Darul Ehsan;
“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 building, creating and/or developing software and/or digital marketing, and any course as the Company may determine and place on its Website from time to time;
“Student Handboook” means the student handbook as may be updated by the Company from time to time, setting out the rules and conduct that the Participant shall abide by;
“Website” means http://www.nextacademy.com/; and
“Working Day(s)” means any day which is not a Sunday, Saturday or a public holiday for commercial bank in Wilayah Persekutuan Kuala Lumpur.
Unless expressly provided otherwise, 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”).
Upon registering, the Participant may secure a placement in the Course (ie, Enrollment) by effecting payment as follows:
The Participant may pay the full Course Fees no later than 1 month before the Course intake date, in order to enroll in the chosen Course, failing which your enrollment may not be secured notwithstanding successful registration.
The Participant may make a partial payment by placing a deposit of RM2,000, at any time prior to 1 month before the Course intake date to enroll for a particular Course, PROVIDED THAT the remainder of the Course Fees must be paid no later than 1 month before the Course intake date, failing which the deposit shall be absolutely forfeited and the enrollment will be released.
For the avoidance of doubt, successful registration alone without enrollment does NOT secure a placement in a Course. Unless full payment of the Course Fees are made within 1 month before the Course intake date, the Company shall not be obliged to enroll the Participant in a Course, and the Company retains the absolute discretion to release the Participant’s registration in respect of the Course and available intake dates to any other interested party and the Participant’s access to the learning portal will be revoked.
Unless stated otherwise, 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.
Payment may be made using the following methods:
- Online via our Website through credit card or internet banking, upon which your enrollment shall be automatically confirmed online.
- Offline payment and manual enrollment at our venue AG7 Glomac Damansara, Jalan Damansara, 60000 Kuala Lumpur, Malaysia during our office hours (Monday to Fridays, between 9:30am to 6:30pm), where payment can be effected through cash or cash deposit (presenting the bank in slip).
- Payment by an installment plan of 6 or 12 monthly installments is available only for manual enrollment using a Maybank credit card at our bank terminal.
Due to the high demand and limited spaces for our Courses, our cancellation and refund policy is as follows:
The Participant may receive a full refund of the Course Fees, which shall be effected within 60 days of cancellation, by serving the Company a written request for cancellation no later than 30 days before the Participant’s intake date. No refunds shall be made for cancellations of any deferred intake dates.
The Participant may receive a partial refund of the Course Fees less RM2,000 (as liquidated damages for administrative costs), which shall be effected within 60 days of cancellation, by serving the Company a written request for cancellation between 14 days to 30 days before the Participant’s intake date. No refunds shall be available for cancellations of any deferred intake dates.
The Participant shall not be entitled to any refund of Course Fees and the Company shall forfeit the Course Fees absolutely for (i) any cancellation less than 14 days before the intake date, (ii) on or after the intake date OR (iii) for any deferred intake dates.All refunds shall be subject to further deduction for any bank processing fee, bank charges and GST (whichever applicable). For the avoidance of doubt, there shall be no refund if a Participant is expelled from the Course due to misconduct or any breach of this Agreement or the Student Handbook.
Subject always to the Company’s written approval and to the no refund clause above, the Participant may defer the intake date without forfeiture of Course 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. For the avoidance of doubt, no deferment is allowed after the Course has commenced. The Company may at its discretion allow for deferment on the ground of medical emergencies. Failure to attend the intake or fulfil the attendance requirements (below) without securing a deferred intake date shall be regarded as a cancellation and will result in a forfeiture of Course Fees. Any cancellation after deferment shall also be subject to the above cancellation and refund policy’ based on the agreed deferred intake 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.
- You hereby offer to be registered as our Student at the Website (“Request“) and pay the tuition fees.
- Upon receipt of your Request and your full settlement of tuition fees, we shall agree to accept your offer by sending you an email confirmation on your successful registration of courses.
- Upon receipt of the email confirmation, a legal relationship between you and us are created in accordance to the terms and conditions herein and as stipulated in the email therein.
- In consideration of using our Services, you shall make the payment of Tuition Fees to the Payment Gateway and to supply the Payment Gateway with your credit card or debit card details from credit card or debit card company acceptable to Us and/or the Payment Gateway, or in any other manner in which we may inform you from time to time.
By providing the details of credit card, debit card and/or any other forms of payment and financial information to us, you hereby confirm, warrant and represent that:-
- you have the full authority to use and disclose the details of such credit card, debit card and/or any other forms of payment and financial information or account; and
- all particulars and details that you provide to us for the purpose of processing payment are true and accurate.
- The tuition fee shall be inclusive of goods and services tax (GST) and exclusive of any other rates, taxes, levies and/or other fees which may be imposed by the relevant authorities from time to time. In the event the tuition fees is increased due to the changes and/or imposition of new rates, taxes, levies and/or other fees shall be increased accordingly, you hereby expressly agree to compensate the difference or the full same upon demand by us.
- The refund policy of the tuition fees shall be subject to the terms and conditions stated in the registration form or any other agreement to be signed between us.
- To register the course, you may be required to register for an account on the Website (an “Account“) which you will be able to access on the Website.
- By registering your Account, you need to supply us with your personal data upon the terms and conditions stated in our .
- Once you register with the Website, you will be asked to allocate a password to track your registration. You must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your email address or your Account or any breach of security known to you.
- You agree that any person to whom your user name or password is disclosed is authorised to act as your agent for the purposes of using (and/or transacting via) your Account. Please note that you are entirely responsible if you do not maintain the confidentiality of your password.
- We reserve the right to close your Account, if you are found to have any intentions or actions that disrupts the Website in any way.
- When you register for an Account, and whenever you log on to your Account thereafter, you have the option to sign up to receive, and to opt out of receiving, information emails (such as newsletters, information on offers etc). You are able to unsubscribe from such information emails at any time by logging in to your Account.
You hereby represent warrant and undertake that:-
- you have read, understood and agreed to be bound by these Terms and Conditions;
- you are 18 years old and above and is legally entitled to enter into these Terms and Conditions;
- entry into these Terms and Conditions shall not breach infringe or violate any Applicable Laws;
- obtain all necessary license, permit, consents, authorisations, approvals, or agreements of any third party involved for the performance of our Services including the consent of recipient for us to enter into its premises if so necessary; and
- you are the legal and/or beneficial owner of all the intellectual property rights attached to the goods and/or you have obtained the consent of the original legal owner of that intellectual property in order for us to perform the Services.
We hereby declare, represent and warrant that:-
- we do not offer any bachelors, associates, masters, doctoral or other recognized degrees;
- we do not offer any courses of study leading towards foundation courses, diplomas, degrees, masters, doctoral degrees upon successful completion of the courses;
- we are not bound by any provisions under Private Higher Educational Institutions Act 1996.
- Whilst we endeavour to make the Website available 24 hours a day, we shall not be liable if for any reason the Website is unavailable for any time or for any period.
- We make no warranty that your access to the Website will be uninterrupted, timely or error-free.
- Access to the Website may be suspended or withdrawn to or from you personally or all users temporarily or permanently at any time and without notice.
- We may also impose restrictions on the length and manner of usage of any part of the Website for any reason.
- We do not warrant that the Website will be compatible with all hardware and software which you may use.
- We shall not be liable for damage to, or viruses or other code that may affect, any computer equipment, software, data or other property as a result of your access to or use of the Website or your obtaining any material from, or as a result of using, the Website.
- We shall also not be liable for the actions of third parties.
- We may change or update the Website and anything described in it without notice to you.
- Whilst we endeavour to ensure that information and materials on the Website are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by law, we do not accept any liability for any errors or omissions. This shall not affect any obligation which we may have under any agreement that we may have with you to provide you with services, including any obligation that we may have under that contract to provide you with accurate information and advice, and which we may do through a secure part of the Website available to people who use the appropriate password.
- The material contained on the Website is provided for information purposes only and it shall not give rise to any commitment or obligation by us.
- Any information on the Website shall not constitute any part of an offer or contract.
- “NEXT ACADEMY” name, brand, word, logo and all related names, design marks and slogans are the trademarks or service marks of us.
- We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You shall not misuse, modify, reproduce, or in any manner process any of the information, statements, pictures, graphics, details published online in whatever manner without the prior written consent from us. Failing which, we reserve the rights to commence a legal suit including to demand you to withdraw, seek injunction from competent court, claim against you for any damages or losses.
- You must not use any part of the materials on the Website for commercial purposes without obtaining a license to do so from us or our licensors.If you print off, copy or download any part of the Website in breach of these Terms and Conditions your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
- We have no control over and accept no responsibility for the content of any site to which a link from the Website exists (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third party site to which the Website provides a link.
- You must not without our permission frame any of the Website onto your own or another person’s website.
We hereby grant to you a revocable, non-exclusive, royalty-free right to provide a link from your website to the home page of the Website, provided that you do so in a fair and legal way without damaging our reputation or taking advantage of it. In particular:-
- you shall not make any warranties or representations about us, our services or our policies except with our prior express authorisation;
- you shall not say anything that is false, misleading, derogatory or offensive about us or our services or policies; and
- you shall not suggest expressly or impliedly that we have endorsed your site or are associated with it where this is not the case.
- We shall not have any liability (whether in contract, tort, negligence, misrepresentation, restitution or under any legal head of liability) in relation to your use or inability to use or delay in use of the Website or any material in it or accessible from it or from any action or decision taken as a result of using the Website or any such material for any: (a) indirect or consequential losses, damages, costs or expenses; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of use of money; (e) loss of anticipated savings; (f) loss of revenue; (g) loss of goodwill; (h) loss of reputation; (i) loss of business; (j) loss of operation time; (k) loss of opportunity; or (l) loss of, damage to or corruption of, data; whether or not such losses were reasonably foreseeable or we had been advised of the possibility of you incurring such losses. For the avoidance of doubt, the foregoing sub-clauses (b) to (l) apply whether such losses are direct, indirect, consequential or otherwise.
- You agree to defend, indemnify and hold harmless us and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors’ fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of Payment Gateway; (iv) your violation of any Applicable Laws; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
- Time shall not be an essence on our obligations to perform the Services under these Terms and Conditions.
- Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, facsimile, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
- These Terms and Conditions shall be construed in accordance with and governed by the laws of Malaysia.
If any provision of these Terms and Conditions 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;
- 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.
- No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
- These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
- The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.
- In the event of inconsistency between the agreement signed between you and us in a separate form, such agreement shall prevail against these Terms and Conditions, and shall be enforced to the extent of inconsistency as possible.
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