Terms of Services
TERMS AND CONDITION OF USE AND SERVICE
OF PT OPTIMA EDUCATIONAL SERVICES
Updated as at 2 May 2018
- Welcome to PT Optima Educational Services (“the Company”).
- The Company’s website is at ‘short-course.com’ (“the Website”).
- The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (“the Terms”). Your use of the Website constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference.
- By browsing the contents on the Website and/or placing an order, clicking to accept this Agreement or using and/or accessing any of the Company or related services (as the case may be), you agree to all the terms and conditions of the Agreement.
- If you are using or ordering the Company’s service(s) or related service(s) on behalf of a Company or other entity, then “Customer” or “You” means that entity, and you are binding that entity to the Agreement. You represent and warrant that you have the legal power and authority to enter into the Agreement and that, if the Customer is an entity, the Agreement is entered into by an employee or agent with all necessary authority to bind that entity to the Agreement.
- The terms and conditions of the Agreement (together with any other terms and conditions agreed in writing between the Company and the Customer from time to time) constitute the entire agreement between the parties and supersede any previous agreement(s) or understanding(s) and may not be varied except with notice from the Company.
- No failure or delay by the Company in exercising any of its rights under the Agreement shall be deemed to be a waiver of that right, and no waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision.
DEFINTION AND INTERPRETATION
- The following words used herein have the following definitions and meanings :
8.1 ‘Authorised Users’ refers to the Customer’s employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Customer.
8.2 ‘Customer’ refers to you as the receiver of the Services and will also include inter alia, to your employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of you.
8.3 ‘Parties’ collectively refers to ‘the Company’ and its employees, agents, contractor, third parties, staffs or any entity that is duly authorised to act on behalf of the Company for the carrying out of the Services as the Service Provider and ‘You’ as the Customer and its authorised agents, contractors, employees or any entity duly authorised for and on behalf of you.
8.4 ‘Services’ refers to the Company’s various educational services as hereinafter displayed on the Website (as the case may be) (subject to change).
- Visiting the Website, signing up for an account, subscribing to the Company and/or sending emails to the Company constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices disclosures and other communications that we provide to you electronically via email and/or on the Website satisfy the legal requirement that such communications be in writing.
- The Company does not knowingly collect either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Website only with permission of a parent or guardian.
- The Company shall provide the Services to the Customer subject to the terms and conditions contained herein or any other reference to documents referred to by the Company to the Customer or such other terms and conditions as may be agreed in writing between the Company and the Customer.
- The Company shall provide to the Customer the Services as specified on the Company’s website.
- If in any event, the Company is unable to provide the Services, it will inform the Customer as soon as reasonably possible.
- At the absolute discretion of the Company, it will provide the Customer with the Services in its best endeavour to the Customer.
- In the event that the Company is unable to provide the Services within a reasonable period from the dates(s) and time(s) and the Company have agreed or notified the Customer then the Customer will have the rights subject to the terms and conditions contained herein to exercise the Customer’s option to wait until the Company is available to start performing the Services.
- In the event that the Company has begun performance of the Services and the Customer has in the course of exercising your right of termination of the Agreement pursuant to the provision contained herein, the Customer will be liable to pay for any Services incurred by the Company up to the date of termination of the Agreement.
- Without limitation to any of the rights contained herein and contractual remedies, the Company reserves the right to claim for any losses and damages incurred as a result of the termination.
- The Customer shall not request the Company to perform Services which are immoral or unlawful in nature. The decision will be at the absolute discretion of the Company.
- The Customer shall endeavour to provide the Company with as much detailed information as possible regarding the Services under request in order for the Company to provide excellent services.
- The Customer shall not request the Company to perform Services to, from and for people or places where the Company’s staffs, employees, agents and any other duly authorised entities of the Company may experience any form of abuse, bodily harm or death.
- The Company’s respective prices for its services are as displayed on the Website collectively referred to as the “Charge”.
- The Company requires payment for Services to be made prior to the performance of the Service.
- The Company shall be entitled to vary the Charge from time to time and shall communicate any such changes to the Customer before any payment is made.
TERMINATION AND REFUNDS
- After the Parties have entered into the Agreement, refunds may only be requested, subject to the discretion of the Company.
- Any refunds made by the Company will be with reduction of the direct costs including any handling costs, if permitted.
- Without prejudice to any other rights and remedies available, the Company shall have the right to terminate the Agreement for the provision of all or any of the Services upon written notice if the Client commits a serious breach of the terms and conditions contained herein. The Company reserves the right to claim against the Client including but not limited to losses and damages as a result of the termination by the Client.
- On termination for any reason whatsoever, the Client shall immediately make payment to the Company of all and any sums outstanding and owing to the Company.
- In the event that a deposit is paid by the Client, at the sole discretion of the Company, the deposit will be retained by the Company and for the necessary deduction of the Company losses and costs without prejudice to its rights to further claim damages against you.
- At all material time during the term herein, the Company shall not permit any chargeback in relation to its services, and any such action shall result in the immediate termination of the Client’s account or blacklisting of the Client’s account/profile and shall be prohibited from further use. The Company reserves all its rights in this regard, including but not limited to taking out legal action for recovery of any damage and loss caused.
COLLECTION OF DOCUMENTS
- By engaging the Company’s Services including any other related services provided to you by the Company, you agree and consent to provide the Company with all relevant documentation deem necessary by the company, including but not limited to copies of your passport, transcript and/or graduation certificate.
- Such copies shall be duly authorised and certified by relevant parties including but not limited to notary public, government officials, the institution that issued the respective documents and/or solicitors/attorneys of your local jurisdiction.
- Upon receiving the documents as stipulated in Clause 32, the Company shall forward all such documents to their chosen education institution and/or program organizer for their further handling.
NO UNLAWFUL OR PROHIBITED USE / INTELLECTUAL PROPERTY
- You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any material or information through any means not intentionally made available through the Website.
- All content included herein, such as inter alia, text, graphics, logos, images, videos, as well as the compilation thereof, and any software used on the Website, is the property of the Company and/or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website.
- The Company content is not for resale.
- Your use of the Site does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised by these Terms.
- All information and content on the Website are controlled, operated and administered by the Company from our offices in Australia and Indonesia. If you access the information and content from a location outside Indonesia and Australia, you are responsible for compliance with all local laws.
- Your agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
- You agree to indemnify, defend and hold harmless, without limitations, the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
- The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
- The information, software, products and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the Website at any time.
- The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, products, services and related graphics contained on the site for any purpose to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or conditions of any kind. The Company and/or its suppliers hereby disclaim 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.
- To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of any failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its Suppliers has been advised of the possibility of damages.
TERMINATION / ACCESS RESTRICTION
- The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services of any portion thereof at any time, without notice.
- To the maximum extent permitted by law, this Agreement is governed by the laws in Malaysia and all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorised in any jurisdiction that does not give effect to all provision of these Terms, including, without limitation, this section.
- If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
- Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and the Company with respect to the Website and it supersedes all prior contemporaneous communication and proposals, whether electronic, oral or written between the user and the Company with respect to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this Agreement and all related documents be written in English.
CHANGES TO TERMS
- The Company reserves the right, in its sole discretion, to change the Terms. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.
- The Company welcomes your questions or comments regarding the foregoing Terms.
You may contact us at email@example.com
Effective as of 2 May 2018.