Terms of Use for ABeam Academy

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Article 1 (Purpose)

  1. These terms of use (these “Terms of Use”) are applicable to all User (defined in Article 2) of the “ABeam Academy” services (the “Services”) operated by ABeam Consulting (Malaysia) Sdn Bhd (the “Company”). User shall agree to these Terms of Use before using the Services.
  2. These Terms of Use stipulate terms and conditions for using the Services. User registered in the Services shall use the Services in accordance with the terms and conditions as stipulated in these Terms of Use and according to circumstances including age and usage environment.
  3. If a User agrees to these Terms of Use, such agreement will form an Agreement (as defined in Article 2) between the Company and such User.

Article 2 (Definitions)

For the purposes of these Terms of Use, the following terms have the following meanings:

  1. “Agreement” means an agreement on the Services to be executed between the Company and a User under the terms and conditions as stipulated in these Terms of Use;
  2. “User” means any person registered with the Services;
  3. “Product” means training program, course and/or any other products purchased by a User via the Services;
  4. “User Information” means an ID and password of a User; and
  5. “Communication Equipment” means smartphones, tablets, and computer equipment.

Article 3 (Content of the Services)

User may purchase any Product from the Company via the Services.

Article 4 (User Registration)

  1. Any person who intends to become a User of the Services shall agree to the contents of these Terms of Use and complete the registration process based on the procedures established by the Company. Minors will not be able to register as Users if their registrations are not set up and entered by their legal representatives or if their registrations are not based on the prior consent of their legal representatives.
  2. If there is any change to the information registered by a User in accordance with paragraph 1 of this Article 4, such User shall immediately implement procedures to change the registered information.
  3. The Company may refuse any User registration at its sole discretion.
  4. Users shall not permit any third party to use, lease, assign, transfer or pledge their accounts on the Services to any third party. 

Article 5 (Purchase of Product)

If a User would like to purchase a Product, the User shall place an order in accordance with the method specified by the Company, and upon the Company’s confirmation of the order, the sales agreement for the Product will be automatically executed. For the purpose of improving the usage convenience of the Services, the Company may change the specifications of the purchase procedures for Products at any time.

Article 6 (Payment)

  1. After executing the sales agreement as set forth in the immediately preceding Article, the User shall pay the price of Product in accordance with the method set forth by the Company. The User shall bear the fee for such payment.
  2. The Company will notify the User that the Product is available for use by a method designated by the Company after payment of the price of Product.
Article 7 (No Refund)
 
  1. Refunds will not be considered for User who have paid for a training program or course.
  2. Any other Company’s policy will be referred to as the “Refund (Transfer) Policy for Training”.
 
Article 8 (Management of User Information and Communication Equipment)
 
  1. User shall, at their own expense and responsibility, prepare all the environment necessary for receiving the Services, including equipment and means for communication and transportation. User shall bear all the communication costs necessary for using the Services.
  2. User is responsible for managing their User Information and Communication Equipment. User are liable for any damage due to reasons, including miss-management, errors in usage, or use by any third party of User Information and Communication Equipment. The Company will not be responsible for any such damage.
  3. If there is any imminent use by a third party of User Information or Communication Equipment, User shall immediately inform the Company to that effect and follow the Company’s instructions if any.
 
Article 9 (Conditions for Providing the Services)
 
The Company may suspend or change the Services without notifying User of such suspension or change for any reason, including maintenance.
 
 
Article 10 (Intellectual Property Rights)
 
  1. User shall not reproduce, distribute, reprint, transfer, transmit to the public, modify, adapt, make, or otherwise use any information or contents provided in the Services (collectively, “Contents”) regardless of whether or not Contents are protected by Intellectual Property Rights.
  2. Copyrights, patent rights, utility model rights, trademark rights, design rights and any other intellectual property rights and the right to the grant of registration of such rights (collectively, “Intellectual Property Rights”) related to Contents belong to the Company or a licensor from which the Company receives license, and do not belong to any User.
  3. If any User breaches any provision of this Article 11 and causes any problem, such User shall resolve such problem at its/his/her sole cost and responsibility and take appropriate measures to hold the Company harmless from any disadvantage, burden or damage. 
 
Article 11 (Prohibited Acts)
 
1. Regarding User’s use of the Services, the Company prohibits any of the following acts:
 
  • (a) acts that breach these Terms of Use;
  • (b) acts that infringe or likely infringe proprietary or personal rights, including Intellectual Property Rights, patent rights, utility model rights, design rights, trademark rights, copyrights and personality rights, of the Company or any third party including a licensor from which the Company receives license;
  • (c) acts that cause or likely cause any disadvantage or damage to the Company or any third party;
  • (d) acts that unlawfully damage or likely damage the honor, right, or credit of other persons;
  • (e) acts that breach any rules including laws, regulations, and municipal ordinances;
  • (f) acts that go against or likely go against the public policy, and acts that provide other User or any third party with information which likely go against the public policy;
  • (g) criminal acts, any acts that lead to criminal acts, or acts to instigate or likely instigate such acts;
  • (h) acts to provide information which is false or likely false;
  • (i) acts to prevent or likely prevent the Services from its normal operation, including unlawful access to the Company’s systems, alteration of program codes during such unlawful access, willful falsification of location information, cheating by using the specifications of Communication Equipment or any other applications, and spreading any computer virus;
  • (j) acts to use a macro program or any function or tool enabling automatic manipulation;
  • (k) acts that damage or likely damage the credibility of the Services;
  • (l) acts that cause any negative influence upon young people or their sound growth;
  • (m) acts to pretend to be a third party and use the Services, such as by using other User’s accounts; (n) acts that lead or likely lead to a crime, including fraud, abuse of contraband drugs, illegal sale and purchase of saving accounts and portable phones;
  • (o) acts related to criminal revenue, acts related to providing money for terrorism, or any acts suspected to be such acts; or
  • (p) any other acts that the Company deems inappropriate.
 
2. If the Company considers that any act of a User falls under any of the items stated in (a) to (p) above, the Company may take any or all of the following measures, without notifying such User in advance:
 
  • (a) limit the usage of the Services;
  • (b) terminate the Agreement and cancel the User’s membership of the Services;
  • (c) take any other measures which the Company reasonably deems necessary.
Article 12 (Termination for Cause)
 
1. If any User falls under any of the following categories, the Company may unilaterally terminate the Agreement with such User and cancel the User’s membership of the Services:
 
  • (a) if information registered by the User contains false information;
  • (b) if the User’s membership of the Services has been canceled before;
  • (c) if a person including a User’s heir informs the Company of such User’s death or if the Company confirms such User’s death;
  • (d) if a minor uses the Services without the consent of the minor’s legal representative;
  • (e) if a User does not respond to the Company’s request sincerely; and
  • (f) if the Company deems it inappropriate to continue the Agreements with a User.
 
2. Besides each item of paragraph 1 of this Article 13, the Company may unilaterally terminate the Agreement with the User and cancel the User’s membership of the Services by giving notifications to such User no later than thirty (30) days before such termination in advance. If a User wishes to cancel such membership, the User may, by implementing cancellation procedures designated by the Company, terminate the Agreement and cancel such membership as of the end of the month when such procedures are implemented.
 
3. If the User’s membership of the Services is cancelled as a result of the measures as stipulated in paragraph 1 and 2, all obligations of the User will be accelerated and become immediately due and payable and the User shall forthwith implement such all obligations to the Company.
 
Article 13 (No Guarantee, and Disclaimer)
 
  1. The Company does not make any guarantee that contents of the Services and the Product are accurate, updated, useful, reliable, lawful, suitable for specific purposes, or not in violation of any third party rights.
  2. The Company makes no warranty as to the expected date and time of availability of the Product.
  3. During use of Services by User, transition may sometimes occur from the Services to other relevant services operated by a third party, including a licensor from which the Company receives license (“External Services”). In this case, the User shall agree to the terms and conditions of such External Services, including their terms of use before using the Services and such External Services at their sole responsibility and expense. The Company does not make any guarantee that the contents of External Services are complete, accurate, valid, or otherwise satisfactory.
  4. The Company is not obliged to compensate any User for any damage such User may incur due to their failure to change the information registered in the Services.
  5. User shall use the Services within the scope permitted by all applicable laws and regulations. The Company will not be responsible for any breach of laws or regulations of any country, including Malaysia, by User.
  6. The Company does not warrant that the use of the Service will not be interrupted, discontinued or otherwise be impaired. In addition, the Company may suspend or change the Service for maintenance or other purposes without notice to the User, but the Company shall not be held responsible in such cases.
  7. The Company will not be responsible for any damage caused by loss of User Information due to unforeseen acts, including unlawful access by any third party.
  8. The Company will not be responsible for any non-performance of a part or all of obligations under the Agreements due to force majeure events beyond the Company’s control, including an act of God, fire, labor strike, trade suspension, war, civil war, and outbreak of an infectious disease.
  9. The Company will not be responsible for any problem that occurs between the User (which is related or not related to the Services) and the manufacturer or Licensor of the Product, or between the User and any other users in connection with use of the Services. Such User shall resolve such problem at their sole cost and expense.
Article 14 (Compensation for Damages)
 
  1. User shall compensate the Company for any damages arising from any breach of these Terms of Use or use of the Services (including lost profits and attorneys’ fees).
  2. If the Company causes damages to User for a reason attributable to the Company in relation to the Service, the Company’s compensation for such damages will be within the scope of ordinary damages which are caused actually and directly by such negligence (excluding special damages, lost profit, indirect damages and attorneys’ fees) and the maximum liability shall be the cumulative total amount of usage fees for the most recent three (3) months period from the occurrence of such damage. 
Article 15 (Discontinuation of the Services)
 
  1. The Company may unilaterally discontinue the provision of Services if the Company reasonably determines that the provision of the Service should be discontinued.
  2. In the case of immediately preceding paragraph, the Company will not be responsible for any ensuing damage. 
Article 16 (Confidentiality)
 
1. User shall not, in relation to the Services, disclose or divulge to any third party any confidential information disclosed by the Company. Confidential Information means, documents, electromagnetic data, oral or other forms of information, regardless of whether the confidentiality is indicated or clearly stated or the scope of such information is specified.
 
2. The following information shall not constitute Confidential Information:
  • (a) Information already in the possession of the other party at the time of disclosure;
  • (b) Information that was already in the public domain at the time of disclosure or information that subsequently became public knowledge for reasons not attributable to the Company;
  • (c) Information lawfully obtained from a third party after receiving disclosure;
  • (d) Information independently developed or created without the disclosed confidential information; and
  • (e) Information required to be disclosed by law or court order.

3. The User shall, upon termination of this Agreement, due to the termination of the Services, cancellation of this Agreement or other reasons with similar effect, promptly return or dispose of the Confidential Information in accordance with the Company’s instructions. When disposing the Confidential Information, the User shall use a method that does not allow the Confidential Information to be reused by a third party.

 
Article 17 (Notice and Communication)
 
Inquiries about the Services, other communication or notifications from the User to the Company, including notifications regarding changes to these Terms of Use, and other communications or notifications from the Company to the User will be sent by e-mail or other methods specified by the Company. Notice shall become effective when sent by the Company.
 
Article 18 (Prohibition of Assignment of Status)
 
Neither User nor the Company may, without the prior written consent of the other party, transfer the contractual status under the Agreements or these Terms of Use to a third party, assign or transfer all or part of its rights and obligations under the Agreements or these Terms of Use to a third party, or encumber its rights under the Agreements or these Terms of Use as collateral.
 
Article 19 (Personal Information)
 
The Company will handle personal information in connection with the Services, pursuant to “Privacy Policy” stipulated by the Company.
 
Article 20 (Severability)
 
If any provision of these Terms of Use is held invalid or illegal, in whole or in part, such invalidity or illegality shall in no way affect the other provisions of these Terms of Use or their interpretation and application, nor shall it impair or invalidate their legality or validity.
 
Article 21 (Term)
 
The effective period of the Agreement commences as from the signing date of the Agreement until cancellation of the User’s registration made by the User. Regardless of the reason for which the Agreement is terminated, the following provisions, Article 10 (Intellectual Property Rights), paragraph 3 of Article 12 (Termination for Cause), Article 13 (No Guarantee and Disclaimer) to Article 15 (Discontinuation of the Services), Article 18 (Prohibition of Assignment of Status), and Article 20 (Severability) to Article 24 (Miscellaneous) shall remain in effect even after the termination of the Agreement.
 
Article 22 (Governing Law)
 
These Terms of Use will be governed by and construed in accordance with the laws of Malaysia.
 
Article 23 (Jurisdiction)
 
User and the Company hereby agree to submit irrevocably to the exclusive jurisdiction of the Courts of Malaysia to settle any and all disputes that may arise out of or in connection with this Agreement.
 
Article 24 (Miscellaneous)
 
  1. User shall follow any rules separately stipulated by the Company regarding any matter not covered in these Terms of Use. In this case, such rules will constitute as an inseparable part of these Terms of Use.
  2. Rules will be effective the moment such rules are published or announced on the place designated by the Company.
  3. If there is any conflict between such rules and these Terms of Use, these Terms of Use will prevail.
Revision History
July 10, 2023, Ver.1.0
July 31, 2023, Ver.2.0
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