End-User License Agreement

This End-User License Agreement (“EULA”) governs the enrollment of the Skymind Education Group program and courses (“Program and Courses”) and use of websites including but not limited to https://skymind.education/ (the “Websites”) which currently provided or which will be provided by Skymind Education Group Sdn Bhd (“Provider”), or any one of its subsidiaries or affiliated companies.

This EULA sets out the basis on which Provider makes the Program and Courses available to the End-User (“User”) and on which the User may use them. By enrolling in any Program and Courses or training provided by the Provider , the User agrees to be bound by this EULA. 

This EULA shall coexist with, and shall not supersede any other agreement between the Provider and the User in the scope of the provision of the enrollment of Program and Courses. To the extent that the provisions of this EULA conflict with the provisions of any other agreement, the provisions of this EULA shall prevail only in relation to the enrollment of the Program and Courses. 

  1. License
    The Provider grants the User a non-exclusive, non-transferable, non-sublicensable, limited license to download, install and use the online courses, courses material and any related tools solely for personal use and not for further distribution, strictly in accordance with the terms of this EULA.
  2. Restrictions
    1. The User shall not directly or indirectly,
      • Sell, rent out, lease, license, distribute, market, exploit any Program and Courses learning materials, or any parts of it commercially, or make it available to any third party;
      • Reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works from the Program and Courses materials, either in whole or in part;
      • Create, use and/or distribute any peripheral computer programs;
      • Remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within the Website;
      • Export or re-export any learning materials from the Websites or any copy of adaptation in violation of any application laws or regulations.
    2. While enrolling the Program and Courses, the User agrees to comply with all applicable laws, rules and regulations. The User further agrees to comply with any rules of conduct that govern the use of the Program and Courses which are not meant to be exhaustive and subject to modification from time to time by the Provider.
  3. Ownership
    1. The User does not own any right, title or interest to any materials or sources from the Program and Courses provided in the Websites, including any and all worldwide patent rights, copyrights, trade secrets, know-how and any other intellectual property rights embodied therein.
    2. Except as expressly set forth in this EULA, all rights not granted hereunder to the User are expressly reserved by the Provider.
    3. This enrollment confers no title or ownership in any Program and Courses, and should not be construed as a sale of any rights in any Program and Courses.
  4. Modifications to Program and Courses
    The Provider reserves the right to modify, suspend or discontinue, temporarily or permanently, the Program and Courses or any service to which it connects, with or without notice and without liability to the User, depending on the degree of loss and damages suffered by the Provider.
  5. Obligations and Support
    1. The Provider will be responsible for providing customer support according to the Program and Courses enrollment type and pricing tier.
    2. The User shall make no representations or warranties with respect to the Program and Courses or any related services beyond those contained herein. The User shall be solely responsible for, and the Provider shall have no legal obligation to honour, any warranties that the User provides to members of its organisation or affiliated companies to the extent that such warranties are broader or greater in scope than those made by the Provider to the User hereunder. The User shall defend, indemnify and hold the Provider and its affiliated companies harmless from any and all costs, losses, damages, liabilities and expenses, (including reasonable attorney’s fees and costs of litigation) resulting from the User’s failure to comply with this Section.
  6. Additional Program and Courses
    This EULA applies to updates or supplements to the original Program and Courses provided by Provider unless Provider provides other terms along with the update or supplement. In case of a conflict between such terms, the other terms will prevail.
  7. Change of Backend Core System
    This EULA applies to change of backend core system provided by the Provider, this including but not limited to the user interface (UI), user experience (UX) as well as any other frontend or backend systems. The Provider reserves the rights to change the backend core system anytime by providing notifications to the User (via pop-up or other means) in which the User is mandatory to abide by such changes.
  8. Warranties
    EXCEPT AS EXPRESSLY SET FORTH ABOVE, ALL THE PROGRAM AND COURSES IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND. THE PROVIDER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE IN TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE PROVIDER OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  9. Indemnification
    1. The Provider will defend, indemnify and hold the User harmless from and against any damages, costs and expenses (including reasonable attorneys’ fees and other professional fees) awarded against the User in a final non-appealable judgment or that are agreed to in settlement, to the extent based on a third-party claim that the Program and Courses, as provided by the Provider to the User, infringes any patent, copyright or misappropriate any trade secret of any third party.
    2. If the User’s enroll of the Program and Courses is, or in Provider’s opinion is likely to be, enjoined due to the type of claim specified in Clause 10, then Provider will at its sole option and expense: (i) procure for the User the right to continue enrolling the Program and Courses under the terms of this Agreement; (ii) replace or modify the Program and Courses to make it non-infringing and of equivalent functionality; (iii) if Provider is unable to accomplish either despite using its reasonable efforts, then Provider may terminate User’s rights and Provider’s obligations under this EULA with respect to such Program and Courses and there will no refund to User of any prepaid enrollment fees paid for such Program and Courses.
    3. If the User’s enroll of the Program and Courses is, or in Provider’s opinion is likely to be, enjoined due to the type of claim specified in Clause 10, then Provider will at its sole option and expense: (i) procure for the User the right to continue enrolling the Program and Courses under the terms of this Agreement; (ii) replace or modify the Program and Courses to make it non-infringing and of equivalent functionality; (iii) if Provider is unable to accomplish either despite using its reasonable efforts, then Provider may terminate User’s rights and Provider’s obligations under this EULA with respect to such Program and Courses and there will no refund to User of any prepaid enrollment fees paid for such Program and Courses.
  10. Limitation of Liability
    Subject to local law, notwithstanding any damages that you might incur, the entire liability of the Provider and any of its suppliers under any provision of this EULA and User’s exclusive remedy for all of the foregoing shall be limited to the amounts paid to the Provider by the User for the specific Program and Courses giving rise to a claim for liability hereunder during the twelve (12) months period prior to the first claim. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IF PROVIDER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  11. Term
    This EULA is effective unless terminated or rejected. This EULA will also terminate upon conditions set forth elsewhere in this EULA or if the User fails to comply with any term or condition of this EULA.
  12. Proprietary Rights
    All intellectual property rights in the Program and Courses and User documentation are owned by the Provider or its suppliers and are protected by law, including but not limited to Malaysia copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. Users shall not remove any learning materials of Program and Courses, copyright notices or proprietary restrictions from the Program and Courses.
  13. Consent To Collection/Use Of Data
    1. Provider will use cookies and other web technology tools to collect anonymous technical information related to the Website. This data will be used to provide the upgrades and related support or other services. The Provider will also collect personal information including User’s Internet Protocol address or other unique identifier information associated with the Program and Courses and data provided upon registration of any Program and Courses. As well as providing the upgrades and related support or other services, this data will be used for sending marketing communications to the User (in each case with User’s express consent where required by applicable law).
    2. To the extent permitted by applicable law, by accepting these terms and conditions the User consent to the collection and use of anonymous and personal data by the Provider, its subsidiaries, and affiliates as described in this EULA and as further described in Provider’s Privacy Policy.
  14. General
    1. This EULA shall be governed by and construed in accordance with the laws of Malaysia.
    2. Except as expressly set forth in this EULA, the exercise by either party of its remedies under this Agreement will be without prejudice to any other remedies under this Agreement or otherwise.
    3. All notices or approvals required or permitted under this Agreement will be delivered by electronic mail (e-mail), and shall be deemed to have been delivered upon receipt unless received not on a business day, in which case such notice shall be deemed to have been made to the other party on the next business day following receipt. All notices or approvals to the Provider shall be forwarded to the e-mail set forth in the Provider’s portal which will update from time to time while all notices or approvals to the User shall only be forwarded to the e-mail address that was submitted by the User to the Provider.
    4. The failure by either party to enforce any provision of this EULA will not constitute a waiver of future enforcement of that or any other provision.
    5. The Provider may update the terms of this EULA from time to time with notification to the Users.