We reserve the right to update or revise the Terms at our sole discretion from time to time. The updated Terms will be posted on the site and shall take effect from the posting date. The continued use of this site following any changes to the Terms constitutes acceptance of those changes.
01. About Us
02. Using Our Website and Applications (User Conduct)
2.2 Your use of and access to our website, applications and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. Acceptable Use Conditions are as follows:
- You agree to use our website, applications and access the Online Content and Courses only for lawful purposes, and your use of our website, applications, and Online Content and Courses is in no way unlawful or fraudulent and does not have the intention or effect of damaging the third parties we have engaged either reputationally or financially or us;
- You agree not to use or access our website, applications or the Online Content and Courses to harm or attempt to harm minors in any way;
- You agree not to distribute all or any part of our website, applications or Online Content and Courses in any medium without our prior written consent unless such distribution is offered through the functionality of our website and applications and permitted by these Terms;
- You agree not to alter or modify any part of our website, applications or the Online Content and Courses;
- You agree not to access our website, applications or the Online Content and Courses through any technology other than the software provided by us or enabled via APIs or other generally available third parties web browsers such as Chrome, Firefox, Apple Safari or Internet Explorer;
- You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security-related features of our website, applications or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of our website, applications 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, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely;
- You agree not to use or access our website, applications or Online Content and Courses for any commercial uses or the benefit of any third party, including but not limited to: (i) the sale of access to the Online Content and Courses or any associated content; (ii) the solicitation of business in the course of trade or connection with a commercial enterprise; and (iii) the solicitation of any Learner or Visitor of our website and applications concerning their content for commercial purposes;
- You agree to use our website applications and access the Online Content and Courses in a way that does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of our website, applications and the Online Content and Courses;
- You agree not to ask for, collect or harvest any personal data of any User or Visitor of our website, applications or the 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), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
- You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on our website and applications (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
- You agree not to use our website, applications or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Beyond4 server or the network(s) connected to any Beyond4 server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to our website and applications;
- You agree not to use any high volume, automated, or electronic means to access our website, applications or the Online Content and Courses (including without limitation robots, spiders or scripts);
- You agree not to frame our website, applications 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 Learner or Visitor’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to misrepresenting your affiliations with a person or entity, past or present;
- You agree not to forge headers or otherwise manipulate identifiers to disguise the origin of any communication transmitted through our website and applications; and
- You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms.
2.3 You agree to comply with these Terms about any User Content (as defined in paragraph 6.1 below) provided by you in connection with the Online Content and Courses and in connection with the ability to post messages (as further detailed in paragraphs 6.6 to 6.9 below).
2.4 We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.
2.5 You acknowledge and agree that the form and nature of our website, applications, and the Online Content and Courses we provide may change from time to time without prior notice.
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).
03. Registration and Accounts
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:
- are, and will continue to be, registered for our website only once and will not create multiple Learner Accounts;
- will not let anyone else use your Learner Account;
- will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to any assignment or exam; and
- will notify the administrators of the relevant Online Content and Courses immediately if you become aware of any other Learner cheating or breaching these Terms.
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.
04. Course Providers
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:
- the third party may have its terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving Accreditation for the Online Content and Courses, and your educational or student records as they may relate to your participation and performance in the Online Content and Courses; and
- your educational or student records are maintained by the Course Provider and/or any other third party (and not by us), including for purposes of completing the courses you are registered for at such Course Providers and/or third-party entities, assigning Accreditation.
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.
05. Licence to Use
- to access, internally use and display our website, applications and the Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate 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.
06. Your 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:
- you have all necessary rights and/or clearances to provide such User Content and permit us to use and publish such User Content as provided in paragraphs 6.1 to 6.3 above;
- such User Content is true, 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 User Content; and
- such use and/or publication of your User Content does not and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation.
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:
- all communications methods constitute public, and not private, means of communication between you and any other parties;
- communications sent to or received from third-party service providers or other 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 learners or visitors flagged. Still, we reserve the right to pre-review or post-review User Content to ensure that it complies with generally acceptable communication standards.
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.
07. Copyright Policy
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:
- which country your intellectual property rights apply to;
- the title of the content concerned and the full URL for access to that content;
- a statement explaining how the content infringes your intellectual property rights;
- your mailing address, telephone number and email address so that we can contact you;
- a statement that the information contained in the notice is true and accurate, and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
- your signature (an electronic signature is sufficient).
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.
08. Privacy and Security
09. Linking to Other Sites
9.2 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.
9.3 We may remove any links to Linked Sites from our website and applications for any reason.
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. Beyond4's Intellectual Property Rights
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.
11. Your Liability to Use
- you submitting User Content to our website, applications or participating in the Online Content and Courses;
- your access to or use of our website, applications or the 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.
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. Our Liability to You
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):
- any loss of profit (directly or indirectly);
- any loss of goodwill; and
- any loss of opportunity.
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.
- 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 our website, applications or about the Online Content and Courses;
- any changes which we may make to our website, applications or Online Content and Courses, or for any temporary interruptions in the provision of our website, applications 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 our website and applications;
- your failure to provide us with accurate account information; or
- your failure to keep your account details secure and confidential
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:
- if we reasonably believe you or any Learner you are connected with are in breach of 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 Learners of our website and/or applications, or the general public.
13. Governing Law and Dispute Resolution
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. Changes to Our Website, Applications and these Terms
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. Other Important 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.