TERMS AND CONDITIONS OF USE
Welcome to JOEY YAP ACADEMY (JY Academy)
JY Academy’s Online Content and Courses are provided by Konoha Pte. Ltd. and its affiliates. In these Terms, references to “we” or “us” are to Konoha Pte. Ltd. and its affiliates. These Term of Use (“Terms”) govern your use of JY Academy, modules, services and materials (individually and collectively, “Online Content and Courses”) through the JY Academy (hereinafter referred to as “JY Academy” or the “Website”). By visiting and browsing the Website (being a “Visitor”) and registering with the JY Academy and/ or upon the registration for any of the JY Academy’s programmes as a student (a “Student”), you agree to be bound by the following Terms and Conditions. We may update or revise the Terms at our sole discretion from time to time without notice to you. Your use of JY Academy, Online Content and Courses following such update or revise constitutes your agreement to be bound by and comply with the Terms and Conditions as updated or revised. It is your responsibility to review the Terms and Conditions periodically.
Please read these Terms and Conditions of Use carefully.
If you do not agree to these Terms and the Privacy Notice, you must cease using the JY Academy, Online Content and Courses immediately.
Using the JY Academy
By using JY Academy and the Online Content and Courses (either as a Visitor or a Student), you confirm that you have read and that you are in compliance with these Terms and the Privacy Notice and all applicable laws, rules and regulations. Use of the JY Academy and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.
Your use and access of this JY Academy and the Online Content and Courses is subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will be a breach of these Terms by you:
- you agree to use the JY Academy and access the Online Content and Courses only for lawful purposes and in no way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- you agree not to use the JY Academy or access the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
- you agree not to distribute, transmit, publish all or any part of the Courses in any medium without our prior written consent;
- you agree not to alter, modify or create derivative work based on any part of the JY Academy or any of the Online Content and Courses;
- you agree not to access the JY Academy or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third party web browsers such as Chrome, FireFox, Safari or Internet Explorer;
- you agree not to (and not to attempt to) circumvent, disable, violate, breach or otherwise interfere with any security related features of the JY Academy or features that, including but not limited to (i) prevent or restrict use or copying of content or (ii) enforce limitations on us, the use of the JY Academy or access to the Online Content and Courses;
- you agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
- you agree not to transfer to any third party any of your rights under JY Academy and Online Content and Courses;
- you agree not to use or access the JY Academy or Online Content and Courses or any part of them for any commercial uses or for the benefit of any third party, including but not limited to:
- the sale of access to the Online Content and Courses or any associated content;
- the solicitation of business in the course of trade or in connection with a commercial enterprise; and
- the solicitation of, for commercial purposes, any Visitors or Students of the Website with respect to their content
- you agree to use the JY Academy and access the Online Content and Courses in a way which does not infringe the rights of anyone else or restrict or prevent anyone else’s use and enjoyment of the JY Academy, Online Content and Courses.
- you agree not to ask for, access, collect or harvest any content or personal data not intended for you of any Visitor or Student of the Website or Online Content and Courses;
- you agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based) or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- you will not copy, modify or create derivative work, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purposes other than as permitted by these Terms and Conditions of Use without our prior written consent or the prior written consent of the respective licensors/owners of the content on the JY Academy;
- you agree not to use the JY Academy or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any JY Academy server or the network(s) connected to any JY Academy server, or disobey any requirements, procedures, policies or regulations of any servers or networks connected to the JY Academy;
- you agree not to use any high volume, automated, or electronic means to access the JY Academy or the Online Content and Courses (including without limitation robots, spiders or scripts);
- you agree not to frame the JY Academy or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
- you agree not to access or attempt to access any other Visitor or Student’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present;
- you agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the JY Academy; and
- you agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms (including our Privacy Notice).
You agree that you will comply with all of the other provisions of the Terms at all times during your accessing of the JY Academy and use of the Online Content and Courses.
You acknowledge and agree that the form and nature of the JY Academy and Online Content and Courses which we provide may change from time to time without prior notice to you.
You acknowledge and agree that we may stop (permanently or temporarily) providing the JY Academy, Online Content and Courses (or any part of the Online Content and Courses) to you or to Student generally at our sole discretion, without prior notice to you.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which we may suffer) of any such breach.
Registration and Accounts
Any Visitor can have access to limited contents of the JY Academy, but in order to have full access to the JY Academy and/or the Online Content and Courses, you must register for a personal account (a “Student Account”) by providing your real name, an email address and a password. You agree that you will not set up multiple Student Account and will never divulge or share access or your access information to your Student Account with any third party for any reason.
You understand, acknowledge, and agree that your Student Account and access to JY Academy, Online Content and Courses may be temporarily or permanently suspended, revoked and/or terminated at our sole discretion, with or without notice or liability of any kind, if we have reasonable grounds to believe that you have breached or if you are suspected to or have attempted to engage in any activities that violate the terms set forth herein, and/or if we detect any suspicious account activities that may indicate that the access to your Student Account may have unlawfully been shared with third parties. If your Student Account has been terminated on these grounds, strictly no refunds will be allowed and we reserve all rights to pursue legal action against any infringements.
You shall be solely responsible for the security, password and all proper use of your Student Account, in connection with the Website, and shall take all reasonable steps to ensure that they are kept confidential and secure, and are not disclosed to or used by any third party. You shall immediately notify us if there is any reason to believe that your password or your Student Account or being or is likely to be used in an unauthorized way.
In setting up your Student Account, you may be prompted or required to enter additional information, including but not limited to your gender, date of birth and location. Additional information may also be required to confirm your identity.
You undertake to us that all information provided by you in relation to your Student Account is and will be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.
You acknowledge that if any information provided by you in relation to your Student Account is untrue, inaccurate, not current or incomplete, we reserve the right to suspend, terminate and/or prohibit your access to and use of the JY Academy and your enrolment in the Online Content and Courses.
Fee for Student Account (Where applicable)
Registration of the Student Account is subject to a subscription fees payable by you and we reserve the right at any time to charge subscription fees for access to the JY Academy, Online Content and Courses or any part or content thereof or for the use of any special feature comprised therein. The amount of subscription fee, the subscription period and the specific terms of subscription governing the access or use thereof will be indicated on the on-line registration form. We reserve the right to revise the subscription fees of any of the Services at any time.
You are liable for any present or future, direct or indirect, Malaysia or foreign tax, levy, impost, duty, charge, deduction or withholding of any nature, that is imposed by any government authority, without limitation, VAT, SAT, GST, any duties, any taxes by whatever names called which the subscription fee is subject to.
There shall be no refund of any subscription fee paid upon expiry of thirty (30) days from the date of purchase. Any request for the refund of the subscription fee shall be made via email to [email protected] within thirty (30) days of purchase.
Subjected to limited exceptions, all refunds of subscription fee will be returned to the originating account in the originating currency. We do not assume any liability or responsibility for any bank transaction fees, processing charges, merchant charges, losses and costs incurred due to the fluctuation of exchange rates that are applicable to the processing of your refund request.
By registering and signing up with JY Academy for a Student account, you agree (in addition to your obligations as a Student above) that you:
- are registered for the JY Academy only once and will not set up multiple Student accounts;
- will not let anyone else use your Student Account;
- will notify us, immediately if you become aware of any other Student breaching these Terms.
If you are disqualified for any of the above-said reasons, we may suspend, terminate and/or prohibit your access or participation in the Online Content and Courses.
Your access to the Online Content and Courses may be provided to you through your Student Account. You acknowledge and agree that any or part of the Online Content and Courses are subject to these Terms.
We reserve the right to cancel, interrupt or reschedule any Online Course or modify, revise, or alter its content, as well as any features provided in the JY Academy.
We may make certain reference books and study materials available for purchase while you are accessing in the Online Content and Courses. We will provide links to our affiliates’ websites to enable you to make these purchases.
Licence to use
Subject to your compliance and acceptance with these Terms and in consideration for your payment of any applicable subscription fee, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and licence:
- to access, internally use and display the JY Academy and Online Content and Courses for your personal and non-commercial use as an individual only at your location solely as necessary to browse and/or access in the Online Content and Courses as permitted by these Terms; and
- to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.
You must abide by all copyright notices or restrictions contained on the JY Academy or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the JY Academy or the Online Content and Courses.
The Online Content and Courses may provide you with the ability to upload notes and replies, Learner discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the JY Academy or Online Content and Courses (collectively, “Student Content”).
We do not claim ownership of any Student Content you may submit or make available for inclusion on the JY Academy or Online Content and Courses. Accordingly, subject to the licence granted to us, the Student will be the sole and exclusive owner of any and all rights, title and interest in and to the Student Content.
With respect to any Student Content you submit to us (including for inclusion on the JY Academy or Online Content and Courses) or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Student Content on the JY Academy and/or in the Online Content and Courses or otherwise exploit the Student Content, with the right to sublicense such rights (to multiple Learners), for any purpose associated with the provision of the JY Academy and the Online Content and Courses. We reserve the right to remove any Student Content without prior notice at any time and for any reason.
To the extent that you provide any Student Content, you represent and warrant that:
- you have all necessary rights, licences and/or clearances to provide such Student Content and permit us to use and publish such Student Content as provided in the above paragraphs;
- such Student Content is accurate and complete to the best of your knowledge and belief;
- as between you and us, you are responsible for the payment of any third party fees related to the provision, publication and use of such Student Content; and
- such use and/or publication of your Student Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
With respect to any submissions of Student Content, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.
The JY Academy and/or the Online Content and Courses may provide you with the ability to post notes and replies, take part in group discussions, submit assignments or send similar messages and communications other Student and/or us.
You agree to use communication methods available on the JY Academy and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any applicable educational partner) provided the communication method, and you further agree that all such communications by you are subject to and governed by these Terms.
By using any of the communications methods available on the JY Academy and/or the Online Content and Courses, you agree that:
- all communications methods constitute public, and not private, means of communication between you and the other party or parties;
- communications sent to or received from third parties are not endorsed, sponsored or approved by us in any manner (unless expressly stated otherwise by us); and
- most content will be reactively moderated if flagged by Students or Visitors but we reserve the right to pre-review or post-review Student Content to ensure that it complies with generally acceptable standards of communication where the following types of language/behaviour is prohibited: swearing, using obscene, offensive or otherwise harmful language, posting defamatory remarks and other types of communication that, in our reasonable opinion, should be prohibited
Additionally, through such communication methods set out in above paragraph, we may make certain types of services available to you. For instance, we may make available to you, in connection with your participation in an Online Course, chat room services that allow you to communicate with our staff members and/or staff members of our Partner Institutions so that you may ask questions about the academic materials in the Online Course or about your general experiences on the JY Academy.
You acknowledge and agree that the services set out in above paragraphs (including without limitation chat room services) may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is included within these Terms and is provided for educational purposes only.
Privacy and Security
We respect your right to privacy. You acknowledge that by using the Website you consent to the collection, use and disclosure of certain information as set out in our Privacy Notice. While we will do everything to protect the security of your information, content and accounts (if applicable), we cannot guarantee that unauthorised third parties will not be able to breach our security measures. You acknowledge that you provide your information to us at your own risk.
Linking to Other Sites
The Website may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.
We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
- we have no responsibility for the accuracy or availability of information provided by Linked Sites, and
- we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising or other materials presented on such Linked Sites.
We may remove any links to Linked Sites from the Website at any time for any reason.
We do not warrant or make any representation regarding the legality, accuracy or authenticity of contents presented by such Linked Sites and shall have no liability for any loss or damages arising from any representations or information provided on such Linked Sites and/or any transactions conducted by you with third parties through any Linked Site.
We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership between us and the operator of such Linked Site.
JY Academy’s Intellectual Property Rights
We are the owner or the licensee of all necessary intellectual property rights in all aspects of the JY Academy and Online Content and Courses including but not limited to the technology, source code, all content, software, scripts, images, graphics and audio (the “Online Content and Courses IPR”). The Online Content and Courses IPR is protected to the fullest extent possible by copyright laws. All such rights are reserved. You agree that the Online Content and Courses IPR remains the property of us or the licensor, as applicable, and that all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor, as applicable. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it in accordance with the terms of the licence in above paragraph.
Other than any content submitted to the JY Academy by you, we own or are licensed to use all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website (“JY Academy IPR”).
If any Online Content and Courses IPR or JY Academy IPR vests in you, whether by operation of law or otherwise, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or JY Academy IPR, as the case may be, throughout the world to the fullest extent possible, including any and all renewals and extensions of such Online Content and Courses IPR or JY Academy IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or the Website.
You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require in order to assign any Online Content and Courses IPR or JY Academy IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.
Your Liability to Us
You agree to indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- you submitting your content to the JY Academy or participating in the Online Content and Courses;
- your access to or use of the JY Academy or Online Content and Courses;
- your breach of any of these Terms; and
- any negligent act or omission, deliberate default or breach of statutory duty on your part.
Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
This Section survives the end of these Terms.
Our Liability to you
Nothing in these Terms affects any statutory rights that you are entitled to as a consumer.
The JY Academy and the Online Content and Courses are provided to you “as is” and we make no warranty or representation to you with respect to them.
We exclude all representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law. We accept no liability for any special, indirect, incidental, consequential or economic loss howsoever caused arising out of or in connection with these Terms. This includes but not limited to:
- any loss of profit (directly or indirectly);
- any loss of goodwill;
- any loss of opportunity; or
- any loss of data suffered by you.
We provide the Online Content and Courses on the JY Academy in good faith but give no warranty or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that the Website does not infringe the rights of any third party.
We accept no responsibility or liability for your use of Online Content and Courses on the JY Academy and your use is entirely at your own risk. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs on the JY Academy, we accept no liability for them. We do not warrant that defects in the JY Academy or Online Content and Courses will be corrected or such content is cure or free from bugs, viruses, errors and omissions
Information transmitted via this JY Academy will pass over public telecommunications networks. We make no representation or warranty that the operation of this JY Academy will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect.
We accept no responsibility for any loss or damage incurred by you as a result of:
- any reliance placed by you on the completeness, accuracy or existence of any information or advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the JY Academy or in relation to the Online Content and Courses;
- any changes which we may make to the JY Academy or Online Content and Courses, or for any temporary interruptions in the provision of the JY Academy or Online Content and Courses;
- the deletion of, corruption of, or failure to store, any Online Content and Courses and other communications data maintained or transmitted by or through your use of the JY Academy;
- your failure to provide us with accurate account information; and
- your failure to keep your account details secure and confidential.
We reserve the right to suspend, terminate and/or prohibit your use of the JY Academy and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.
We may terminate your account or use of the JY Academy with immediate effect:
- if you or any Student you are connected with breach any of these Terms;
- in order to prevent any fraudulent, unlawful or abusive activity; or
- if it is necessary to prevent or stop any harm or damage to us, other student of the Website or the general public.
Governing Law & Jurisdiction
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of Malaysia and all disputes arising in any way out of or affecting the Terms and Conditions of Use shall be subject to the non-exclusive jurisdiction of the courts of Malaysia, to which the parties agree to submit.
As the Website may be accessed internationally, the Visitors and Students who access the Website are responsible for compliance with the laws of the jurisdictions from which they access the Website, if and to the extent local laws are applicable.
Changes to the JY Academy and these Terms
We may update or amend these Terms from time to time to comply with law or to meet our changing business requirements, without notice to you. Any updates or amendments will be posted on the JY Academy/ Website. In addition, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the JY Academy and Online Content and Course, you agree to be bound by the terms of these updates and amendments.
In no event we shall be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including but not limited to acts of god, natural disaster, lightning, flood, exceptionally severe weather, fire, explosion, war, act of terrorism, civil disorder, industrial disputes (whether or not involving our employees), acts of local or central government or other competent authorities, failure or diminishment of power or telecommunications or data networks or services, hostile network attacks, interruptions or breakdown or loss or malfunctions of utilities, communications or computer (software and hardware) services, refusal of a license by a government agency or other events beyond our reasonable control (each, a “Force Majeure Event”). However, we shall use reasonable efforts to resume performance as soon as practicable upon removal of the circumstances constituting the Force Majeure Event.
Other Important Terms
If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms shall be unimpaired and shall remain in full force and effect. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You are not entitled to transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms without our prior written consent.
All Terms contained herein shall survived termination, including but not limited to, ownership and copyright provisions, warranty disclaimers, indemnity, limitation of liability and other miscellaneous terms.