Terms of Use

1.1 In these Terms, references to “we”, “us”, and “our” are to Beyond4 and/or any affiliated organisation(s), as appropriate.

1.2 In these Terms, references to “you” or “your” are references to you, whether as a student registering with Beyond4 (the “User”) or an entity visiting and browsing our website and applications (the “Visitor”).

1.3 Beyond4 offers information, services and materials (the “Online Content and Courses”) from any affiliated organisation(s) and third parties from across the world.

1.4 Contacting Us. You may contact us if you have any feedback or enquiries these Terms or wish to make any request in the following manner. Email address: [email protected]

2.6 While we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using our website, applications and the Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. Accordingly, we are not responsible (legally or otherwise) for any claims you may have against us about this type of content.

2.7 You acknowledge and agree that we may stop (permanently or temporarily) providing our website, applications and the Online Content and Courses (or any part of the Online Content and Courses) to you or Learners generally for whatever reason, at our sole discretion, without prior notice to you.

2.8 You agree that you are solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

3.1 Any Visitor can view our website, but to participate fully in all activities on our website and applications and take part in the Online Content and Courses, you must register for a personal account on our website (the “Learner Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your Learner Account with any third party for any reason.

3.2 Creation of Account. In creating your Learner Account, you may be prompted or required to enter additional information, including date of birth, location, educational level, work experience and any other information that will help other Learners get to know you and allow us to tailor the services to suit you.

3.3 Accuracy and Completeness. You undertake to us that all information provided by you about your Learner Account is and will continue to be current, true, accurate and complete at all times. You will maintain and update your information to keep it current, accurate, and done.

3.4 By registering with Beyond4 for a Learner Account, you agree (in addition to the Acceptable Use Conditions above) that you:

3.5 If you are disqualified for any reason under paragraphs 3.4 (1), (2) or (3), we may prohibit your access or participation in the Online Content and Courses.

4.1 We may make certain Online Content and Courses available to Learners who are registered students and/or employees of our clients and partners, including educational institutions, corporates, sponsors, non-profit organisations and individuals (each a “Course Provider”).

4.2 Your access to such Online Content and Courses may be provided to you through your Learner Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a student registered or enrolled at, or are otherwise participating in, a third party entity and are taking the Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that third party, you acknowledge and agree that:

4.3 The administrators of Course Providers and we reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

4.4 For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the administrators of Course Providers, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgement or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any certifying institution and will not stand in the place of a course taken at a Course Provider or convey academic credit or certification for any third party. You acknowledge that the administrator of Course Providers will not be obligated to make any attempts to get the course recognised by any educational establishment.

4.5 Suppose you are a User taking any Online Content and Courses for Accreditation at a Course Provider. In that case, any Accreditation may only be awarded directly by that Course Provider based on its policies and procedures, and you may be required by that Course Provider to be registered or enrolled with that Course Provider to receive Accreditation. In any event, we will not have any authority or responsibility concerning any award of Accreditation for any Online Content and Courses.

4.6 We may make certain reports, books and study aid available for purchase while participating in the Online Content and Courses. We will provide links to third party websites to enable you to make these purchases.

4.7 An organisation (which may be a Course Provider, your employer, or a third party otherwise working together with Beyond4) may invite you to participate in a specific course. By accepting the organisation’s invitation, you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you before you get the invitation sent to you by the inviting organisation.

5.1 Rights. Subject to your compliance with these Terms, we grant you fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited rights:

5.2 Copyright. It will help if you abode by all copyright notices or restrictions contained on our website, applications or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on our website, applications or the Online Content and Courses. 

6.1 Throughout your use of our website, applications and the Online Content and Courses, you may be able to provide content to our website by uploading notes, replies, discussions, profile pages, other content and media for social interaction, written assignments, surveys, questions, hypothetical, examples, etc. (collectively, the “User Content”).

6.2 Ownership of User Content. We do not claim ownership of any User Content you may submit or make available for inclusion on our website, applications or the Online Content and Courses. Accordingly, subject to the rights granted to us and any applicable Course Provider, the User will be the sole and exclusive owner of any rights, title and interest in and to the User Content.

6.3 Concerning any User, Content you submit to us, or that is otherwise made available to us, you grant us irrevocable, worldwide, perpetual, royalty-free and non-exclusive rights to use, distribute, reproduce, modify, adapt, publicly perform and publicly display or otherwise exploit such User Content on our website, applications and/or in the Online Content and Courses, with the right to sublicense such rights for any purpose associated with the provision of our website, applications and the Online Content and Courses. We reserve the right to remove any User Content without notice at any time and for any reason.

6.4 To the extent that you provide any User Content, you represent and warrant that:

6.5 Concerning any User Content submissions, you agree to comply with all applicable laws including but not limited to laws regarding online conduct and acceptable content. Specifically, you agree to abide by all applicable laws regarding the transmission of technical data exported from the country in which you reside.

6.6 Our website, applications and/or the Online Content and Courses may provide you with the ability to post notes and replies, participate in group discussions, submit assignments or send similar messages and communications to third-party service providers, other Learners and/or us.

6.7 You agree to use communication methods available on our website, applications and/or the Online Content and Courses only to send communications and materials related to the subject matter for which we (or any of our applicable client and/or partner) provided the communication method. You further agree that all such communications by you are subject to and governed by these Terms and the policies.

6.8 By using any of the communications methods available on our website, applications and/or the Online Content and Courses, you agree that:

6.9 Additionally, through such communication methods set out in paragraph 6.8 above, we may make certain types of services available to you and allow you to communicate with our staff members.

6.10 You acknowledge and agree that the services set out in paragraphs 6.6 to 6.9 above (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 incorporated within these Terms and is provided for educational purposes only.

7.1 It is our policy that any content included on our website, applications or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from our website as soon as possible after we are made aware of such infringement or potential infringement.

7.2 Suppose you are the owner of intellectual property rights, authorised to act on behalf of an owner, or authorised to act under any exclusive privilege. In that case, you should report any alleged infringements of your intellectual property rights taking place on or through our website by emailing [email protected], containing at a minimum the details outlined in section 7.4 below.

7.3 We will take whatever action we deem appropriate in our sole discretion, including removing the challenged content.

7.4 When you notify us by paragraph 7.2, your written notice must contain the following:

a statement telling us you believe that you have found content on our website and applications which you think infringes your intellectual property rights;

7.5 We will, acting in our sole discretion, terminate Learner Accounts and access to our website, applications and the Online Content and Courses if a Learner has been notified of infringing activity twice or more, regardless of whether the Learner has taken appropriate action as we may direct.

8.1 We respect your privacy rights. Please see our Privacy and Cookies Policy for complete details.

9.1 Our website may contain links to pages on other websites (the “Linked Sites”), and those Linked Sites may contain content or offer products and/or services for sale.

9.2 We do not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:

9.3 We may remove any links to Linked Sites from our website and applications for any reason.

9.4 We will not be liable for any transactions conducted by you with third parties through any Linked Site or for any liability arising from any representations or information provided on such Linked Sites.

9.5 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 the operator of such Linked Site and us.

10.1 We are the owner or the licensee of all necessary intellectual property rights in all aspects of our website, applications, 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 remain the property of us or the licensor, as applicable. As appropriate, all updates and modifications to the Online Content and Courses IPR will vest in us or the licensor. You also agree that you have no rights in or to the Online Content and Courses IPR other than the right to use it by the licence terms in paragraph 5 above. Unless otherwise stated, copyright in the Online Content and Courses belongs to the relevant Course Provider providing the Online Content and Courses. 

10.2 Other than any content submitted to our website by you, we own or are licensed to use all present and future copyrights, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights like intellectual property rights existing in or about our website and applications (the “Beyond4 IPR”).

10.3 Suppose any Online Content and Courses IPR or Beyond4 IPR vests in you, whether by operation of law or otherwise. In that case, you duly assign to us all right, title and interest (whether legal or beneficial) in such Online Content and Courses IPR or Beyond4 IPR, as the case may be, throughout the world to the fullest extent possible, including any renewals and extensions of such Online Content and Courses IPR or Beyond4 IPR. You unconditionally and irrevocably waive any moral rights you may have either now or in the future existing in or in connection with the Online Content and Courses or our website and applications.

10.4 You agree to sign and provide all such deeds, documents, acts and things as we may reasonably require to assign any Online Content and Courses IPR and/or Beyond4 IPR to us, to carry out the intended purpose of these Terms, or to establish, perfect, preserve or enforce our rights under these Terms.

11.1 You 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:

11.2 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.

11.3 This paragraph 11 survives the expiry of these Terms.

12.1 Nothing in these Terms affects any statutory rights you are entitled to as a consumer.

12.2 Our website, applications and the Online Content and Courses are provided to you “as is,” and we make no warranty or representation concerning them.

12.3 We exclude all representations, warranties, conditions and terms expressed 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, or any other losses howsoever caused arising out of or in connection with these Terms. This includes (without limitation):

12.4 We provide the Online Content and Courses on our website and applications in good faith. Still, We give no warranty, guarantee or representation that the Online Content and Courses are accurate, complete or up-to-date or that they will meet your requirements, nor that our website does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Online Content and Courses on our website and applications, 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 our website and applications, we accept no liability for them.

12.5 Information transmitted via our website and applications will pass over public telecommunications networks. We make no warranty, guarantee or representation that the operation of our website and applications will be timely, secure, uninterrupted or error-free and disclaim all liability in that respect to the greatest extent permitted by law.

12.6 We accept no responsibility for any loss or damage incurred by you as a result of:

12.7 We reserve the right to suspend your use of our website, applications and/or access to the Online Content and Courses at any time for operational, regulatory, legal or other reasons.

12.8 We may terminate your Learner Account or access/use of our website and applications with immediate effect:

13.1 These Terms, your use and access to our website and applications, and all other policies issued by us, whether referred to by us herein or not, are governed by and construed in all respects by the laws of Malaysia.

13.2 Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of our website and applications, including as to the validity of these Terms or the policies issued by us, shall be governed by the laws of Malaysia without regard to choice or conflicts of law principles, and you at this moment agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any claims or disputes which may arise in connection with these Terms. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 30 days of the dispute being notified in writing via email, we both agree to submit to the exclusive jurisdiction of the courts of Malaysia to resolve any such dispute.

13.3 Notwithstanding paragraph 13.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

14.1 We may update or amend these Terms (as well as our policies and/or other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on our website and applications.

14.2 For any operational, regulatory, legal or other reason, we reserve the rights to modify, suspend or discontinue all 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. Your continued use of our website, applications, and products/services constitutes your acknowledgement and acceptance of such changes. 

15.1 If any of these Terms are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the remainder of these Terms remains in full force and effect.

15.2 Only you and we are entitled to enforce these Terms. No third party is entitled to enforce any of these Terms.

15.3 We may freely transfer or assign any part of our rights or delegate our obligations under these Terms. However, you are not entitled to transfer or assign any part of your rights by operation of law or otherwise or delegate your obligations under these Terms without our prior written consent.

15.4 These Terms and the policies set out the entire agreement between you and us and replace any prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure to exercise any right we may have under these Terms does not constitute a waiver of that right.