This E-Learning Agreement (“Agreement”) is made between
DIRI Technologies Sdn Bhd (Company Registration No.: 202201028487 (1474184-M), (the “Course Administrator“)
and you
to govern your use, access to the Course (hereinafter defined) provided by the Course Administrator on its’ website. (“Website“).
WHEREAS
- The Course Administrator has developed a proprietary online digital platform where it shall publish/host the online Course which comprises recordings featuring local trainers/mentors from diverse fields, sharing their life experiences and imparting knowledge and lessons for the consumption of end users/subscribers via the said Website or mobile application.
- The Course Administrator shall provide access to the end users/subscribers to access these Course(s) listed on its Website (“Services”).
1. Subscription
1.1 By purchasing any of the Course on the Website, you agree to be bound by the terms and conditions and all policies and procedures incorporated in this Agreement.
1.2 You shall be allowed to cease your subscription and offered a full refund in the event you have completed less than 20% viewing of any of the Course published by the Course Administrator on the Website for single course purchase or subscription.
1.3 You will not be entitled to any refund in the event you have exceeded 20% viewing of any particular Course published on the Website.
1.4 Refunds are not available for the Course or for any annual subscription 7 days after a purchase.
1.5 The Course Administrator does not guarantee the publication of any particular Course on DIRI’s Website, throughout the User/Subsciber’s subscription period.
1.6 In the event a particular Course the subscriber or user intended to subscribe to, is removed from the Website or no longer available for any particular reason, the Course Administrator is willing to offer an alternative Course then available on DIRI’s Website for the User/Subscriber to subscribe to.
1.7 We offer Human Resource Development Corporation (HRD Corp) Claimable Courses. Please reach out to us via our contact form to inquire more about our DIRI for Business plans and terms.
1.8 DIRI for Business Corporate License Sharing Conditions
You/The User/The Subscriber shall be allowed to share the Course and its content thereof with other staff within the organisation for internal training and development purposes.
Notwithstanding the above, you/the User/the Subscriber shall not be allowed to share your login credentials (account username and password) with any other individual/entity within or outside of your organization.
This would amount to a breach or violation of the terms of the Agreement and the Course Administrator reserves the right to suspend or terminate the account following such misuse.
1.9 DIRI for Business Corporate License Account Management
Changing of user account licenses tied to an email address due to employee resignation or new employee intake is permitted under the DIRI for Business Corporate License subscription. The maximum number of changes allowed per year will be based on 15% of the number of subscribed licenses purchased. This policy takes into consideration an average turnover rate to provide flexibility while maintaining a reasonable number of account changes. Any additional changes beyond this limit may be subject to review and approval by the Course Administrator.
2. Access to the Course
2.1. In order to purchase any of the Course, you are required to register for an account via the Website. If you already have an account on the Website, you can log into your account using your user name and password.
2.2 You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to immediately notify the Course Administrator of any unauthorised use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session when accessing the Service. The Course Administrator will not be liable for any loss or damage arising from your failure to comply with this Section.
2.3 The Service may include the ability to browse the Course and the Website from a mobile device. By providing your telephone number, you consent to receive calls and/or SMS, MMS, or text messages at that number. We may share your phone numbers with our affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who we have contracted with to assist us in pursuing our rights or providing our Services under these Terms of Service, our policies, applicable law, or any other agreement we may have with you. In the event you change or deactivate your mobile telephone number, you agree to promptly update your user account information to ensure that your messages are not sent to the person that acquires your old number.
2.4 If you purchase multiple Courses, each Course will be treated as a separate purchase under the same account.
2.5 You acknowledge that the Course Administrator reserves the right to terminate accounts that are inactive for an extended period of time.
3. Payment
3.1 Payment processing related to the Course shall be performed by a third-party payment service provider appointed by the Course Administrator.
3.2 You agree to pay the Course Administrator the fees indicated for the selected Course at the time a fee or charge is due and payable by your registered account. You also agree to pay all applicable taxes thereto.
3.3 You shall provide the Course Administrator with valid payment information. By providing the Course Administrator with your payment information, you agree that:-
(i) the Course Administrator is authorized to immediately invoice your account for all fees and charges due and payable to the Course Administrator hereunder,
(ii) the Course Administrator is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (including credit card transaction processing, merchant settlement, and related services), and
(iii) no additional notice or consent is required for the foregoing authorizations.
3.4 You agree to immediately notify the Course Administrator of any change in your payment information. If your payment does not materialise for any reason, the Course Administrator reserves the right to either suspend or terminate your access to the Course.
3.5 The Course Administrator reserves the right at any time to change its prices and billing methods.
3.6 By subscribing to the Services you agree to be bound by the terms and conditions of any third-party payment service providers engaged by the Course Administrator.
3.7 When you provide payment information to the Course Administrator or to one of its payment processors, you represent to the Course Administrator that you are the authorized user of the card, PIN, key, or account associated with that payment, and you authorize the Course Administrator to charge your credit card or to process your payment with the chosen third-party payment processor.
4. Limited License
4.1 By purchasing any Course, you are granted a single-use, non-exclusive, non-transferable, revocable license to access, view the Course. All ownership rights in the intellectual property related to the Course remain with the Course Administrator and you may not use or reproduce any of the content in any manner, without the express written consent of the Course Administrator. Any violation of the copyright or trademark rights of the Course Administrator shall result in immediate termination of access to the Course without refund. In the event of any claims arising from a violation or alleged violation of the copyright or trademark or intellectual property rights of the Course Administrator due to your conduct, you shall indemnify the Course Administrator against any such claims.
4.2 The User/Subscriber covenants not to:-
(a) Violate any law or breach any contractual obligations or fiduciary duty;
(b) Violate the Course Administrator’s intellectual property rights;
(c) Attempt to access any other user’s account;
(d) Reproduce, transfer, sell, resell, advertise, or redistribute, and or otherwise broadcast, such Course(s), contents, news, and information;
(e) Access, tamper with the Course Administrator’s systems;
(f) Break or circumvent our authentication or security measures or test the vulnerability of the Course Administrator’s systems or networks
(g) Try to reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the Course or Website or violate the security of the Course or website through any unauthorised access, circumvention of encryption of other security tools, interference to any host, user or network
(i) Use any functionality of the Website for anything other than for completing online Courses or for pedagogical purposes; and
(j) Impersonate or misrepresent your affiliation with any person or entity.
4.3 For the “DIRI for Business Limited License,” usage is strictly limited to internal training and development within the subscribed company. Any form of sharing, whether with subsidiary companies or other entities, is expressly prohibited.
5. Course Terms
5.1 You shall have one license to access and use the Course under this Agreement.
5.2 We reserve the right to revoke any license to access and use any Course at any point in time in the event that we decide or are obligated to disable access to the Course due to legal or policy reasons, for example, if the Course you enrolled in is the object of a copyright complaint or if we determine your use of the Course is in breach of this Agreement.
5.3 You may not access or use any Course on the Website or create an account for unlawful purposes. Your use of the Course and behaviour on our Website must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that apply to you.
5.4 You understand and agree that the Course material may not be shared, copied, and/or distributed to third parties. The Course Administrator reserves the right to terminate your access to the Course in its sole discretion if the Course Administrator suspects that you have shared the log-in information with a third party.
5.5 You accept that you will not have any recourse against the Course Administrator if the Website and/or any Course is down, either for planned or unplanned maintenance.
5.6 The Website may enable you to share your comments, content or posts you make in the forums, and the likes (“User Content”). To the extent that you provide User Content, you grant the Course Administrator a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates the intellectual property rights of any third party and/or this Agreement.
6. Intellectual Property
The Course Administrator and its licensors shall retain ownership of all Courses, contents, and information on the Website and it shall remain the property of the Course Administrator at all times.
7. Indemnification
You agree to indemnify, defend, and hold harmless the Course Administrator from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to your use or attempted use or misuse, or your conduct or actions of the Course and/or the Website in breach of this Agreement and your violation of any law or rights of any third party.
8. Liability Disclaimer
8.1 The Course Administrator is not responsible for any suspension or interruption of the Course and/or the Website or any other part of the system due to force majeure and other factors.
8.2 The Course Administrator or its directors, employees, or agents do not warrant that the Course and/or Website or any related system thereto will be uninterrupted or error-free, or give any warranty as to the results to be obtained from the use of the Course and/or Website. In no event will the Course Administrator or its directors, employees, or agents be liable to you for any damage, (including, but without limitation, special, incidental, or consequential damage) arising from the use of, or inability to use (for whatever reason), the Course and/Website, including but not limited to damages resulting from loss of data or loss of profits.
8.3 The Course Administrator will only provide you with the service based on its current function and current status and reserves the right to modify all or part of each service function at any time.
8.5 The Course Administrator makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Website for any purpose. All such information, software, products, Services and related graphics are provided “as is”. The Course Administrator disclaims all warranties and conditions with regard to this information, software, products, Services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8.6 Whilst the Course Administrator uses our best endeavours to ensure all your data are secure and complete in the servers, we will not be liable for loss of profits or of contracts, loss of data, damage to your computer hardware or software, loss of business, loss of goodwill or reputation, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of use, and/or consequential loss arising out of or in connection with this website or the information or data contained in it.
8.7 The Course and Website are provided for informational purposes only. You acknowledge and agree that any information posted in the Course, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. We do not assume responsibility or liability for any advice or other information given in the Course and/or the Website.
8.8 We do not assume or accept responsibility for the security of your account or content. You agree that your subscription to the Course or use of Website is at your own risk.
8.9 The Course Administrator reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Course Administrator will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Course Administrator has no obligation to retain any of your account or submitted content (if any) for any period of time beyond what may be required by applicable law.
9. Third Party Websites
The Services or the Course Administrator’s Course and/or Website may provide links, access to other sites or resources on the Internet. The Course Administrator has no control over such sites or resources and the Course Administrator shall not be responsible for and does not endorse such sites and resources.
You further acknowledge and agree that the Course Administrator will not be responsible or liable directly or indirectly for any damage or loss caused by or in connection with the use of or reliance of any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party and you agree that the Course Administrator is not liable for any loss or claim that may have against any such third party.
10. Termination
You agree that the Course Administrator, in its sole discretion, may terminate your use of the Course and/or Website or your subscription, for any reason or no reason, upon notice to you. It is Course Administrator’s policy to terminate in appropriate circumstances the accounts of users of the Website who are repeat copyright infringers. The Course Administrator reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any Course offered through Website, or to cease providing any part or all of the Website content or related services, and you agree that the Course Administrator will have no liability to you for such an action. If you no longer desire to subscribe to the Course and/or the Website, you may terminate your subscription at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Website, but the other provisions of the Agreements will survive any such termination.
11. Force majeure
Neither Party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances, the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed. If the period of delay or non-performance continues for one (1) month, the Party not affected may terminate this Agreement by giving written notice of one (1) week to the affected Party.
12. No partnership or agency
12.1 Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party.
12.2 Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
13. Waiver
No failure or delay by a Party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
14. Severance
14.1 If any provision of this Agreement is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision shall be deemed deleted. Any modification to or deletion of a provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
14.2 If there is any inconsistency between this Agreement and the Terms and Conditions, this Agreement will prevail.
15. Notices
In the event of any query, you may email the Course Administrator at the following email address: [email protected]
16. Counterparts
This Agreement may be executed in any number of counterparts, each of which when executed shall constitute a duplicate original, but all the counterparts shall together constitute the one agreement.
17. Right of third parties
A person who is not a party to this Agreement shall have no right under any law to enforce any of its terms.
18. Amendments
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time and all such amendments shall be final binding on the parties.
19. Governing law and Dispute Resolution
19.1 The parties shall use all reasonable endeavours to resolve any dispute amicably and on a good faith basis.
19.2 This Agreement shall be governed by and are to be construed in accordance with the laws of Malaysia.
19.3 All disputes, difference or claim arising out of or in connection with this Agreement shall be referred to the Malaysian courts.
End of terms