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TERMS AND CONDITIONS

The following Terms and Conditions ("Terms and Conditions") are between Joey Yap Group (“JYG”) and the person who participates in and has access to the Online Program (the “Participant”). Please read these Terms and Conditions carefully before registering for any Online Programs.

By completing and submitting the Registration Form and/or by participating in the Online Program, you acknowledge that you have read and understood, and agree to be bound by our Terms and Conditions as set forth herein and other incorporated policies. You understand and agree that we may update or revise the Terms and Conditions herein at our sole discretion from time to time without notice to you and you assume full and entire responsibility to review the Online Terms and Condition periodically. Your continued participation in the Online Program will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in the Online Program.

    Definitions

  1. JYG includes all of its associated companies, including but not limited to Joey Yap Research International Sdn Bhd, Joey Yap Consulting Group Sdn Bhd, Joey Yap Research Group Sdn Bhd, Joey Yap Private Limited, and/or Konoha Private Limited (collectively referred to as "JYG")
  2. Online Program includes but is not limited to live or livestream events, online or virtual webinars, trainings, events, courses, seminars, programs, accountability sessions, coaching sessions, club activities and/or meetings that are either conducted live or pre-recorded
  3. Platform includes but is not limited to any websites, programs, mobile applications, software, and/or any other third-party service provider that is used to publish, host, broadcast, deliver, and/or display the Online Program.
  4. In these terms and conditions, "we", "our" and "us" means JYG and "you", "your" and "yours" means the Participant.
  5. Instructor includes but is not limited to the speaker, coach, trainer, consultant, instructor, moderator, conductor, and/or facilitator of the Online Program
  6. The Commencement Date is marked by the first date in which the first program within the package of the Online Program is delivered and/or attended/accessed by the Participant.

    Contract of Sale

  1. The Terms and Conditions, duly completed Registration Form (together with the order confirmation email, if applicable) constitute the Contract of Sale between us and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Terms and Conditions. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in this Contract of Sale.
  2. Third Party

  3. In delivering the Online Program, we may partner with and/or appoint independent sub-contractors or third-party service providers/ organisations (the "Partner Organisations") to enhance your learning experience and to facilitate your participation in the Online Program. You hereby expressly agree that our obligation to you is to use reasonable care in selecting competent Partner Organisations to provide relevant services related to the Online Program such as video and audio conferencing, collaboration, chat, etc. and JYG is not responsible for any acts of negligence, actions or omissions of such Partner Organisations.
  4. By using the services provided by such Partner Organisations, it may be a requirement for Participants to provide their personal data and information to one of our Partner Organisations, or to comply with their respective terms and conditions of service. For some of these Online Programs, you may not be able to participate without agreeing to the third-party terms. Where it is required, when you participate in an Online Program supported by a Partner Organisation, you are taken to agree to those party’s terms and conditions, as well as their privacy policies. Otherwise, you will be taken to agree to those party’s terms and conditions when you use the particular service or function (including but not limited to Online Programs, video conferences, chat subject forums, or calendar booking functions).

  5. These Partner Organisations could be based anywhere in the world, including the United States of America, Singapore, and certain countries in Asia, Europe and other parts of the world. You will be subject to the relevant Partner Organisations’ terms of services and privacy policy which will be available on their website.

  6. If the platforms or websites used for the Online Program contain links to other third-party websites, your access to those sites will be covered by terms between you and the other operator of those platforms or websites. We do not have control on what is on those pages or in any third-party content online and we shall not be responsible for any of their content, products or services including links or other functionality like e-commerce. If you have questions or concerns about those third-party pages or content, you should contact the relevant owner or operator of that website or platform.

  7. Intellectual Properties

  8. All intellectual property rights in and to the Online Program (including trademarks, service marks, trade names, logos and designs, images, source codes, whether registered or unregistered), the Online Program content (including techniques, tools, charts, tables, processes, strategies and terminologies expressed in all materials) and all materials (including literature works, download materials, worksheets, notes, books, course books and workbooks, video and audio) provided, taught, shared or distributed at or in connection with the Online Program belong to JYG, Dato Joey Yap and/or its affiliate(s) and remain vested in JYG, Dato Joey Yap and/or its affiliate(s) respectively.

  9. You undertake and agree:

    1. that the Online Program content and all materials provided, taught, shared or distributed at or in connection with the Online Program are intended solely for the use of immediate Participants who have paid for the Online Program;

    2. not to disclose, discuss or make available any Online Program content or any material provided, taught, shared or distributed at or in connection with the Online Program via any medium or method including social media, WhatsApp, discussion forums, public postings, message boards, private emails or blogs;

    3. not to use, deliver, record, duplicate, reproduce, republish, modify, translate, adapt or otherwise distribute, redistribute, license, sublicense the Online Program content and any material provided, taught, shared or distributed at or in connection with the Online Program for the purpose of personal financial gain or otherwise, including for use as part of any event (including but not limited to, seminars, training programs, workshops), or for use in the Online Program of rendering consultancy services or similar business activities that you may, whether directly or indirectly, be involved in;

    4. not to disassemble, decompile, recompile or reverse engineer any software forming part of the Online Program or create derivative works based on the whole of or any part or which incorporate, the Online Program into any software programs or applications;

    5. not to create, partner or associate with any person, any kind of product or services related to JYG, including but not limited to the creation, publication and/or distribution of e-books, special reports, audio or video files, public postings of content or any other materials related to the Online Program; and

    6. not to use, reproduce, modify or adapt or allow anyone to use, reproduce, modify or adapt any trade mark, trade name, logo or design appearing at the Online Program, in any Online Program content and/or in any material provided, taught, shared or distributed at or in connection with the Online Program.

  10. You further agree not to distribute, modify, transmit or use the trademarks, logos and other distinctive signs, Online Program content or any material provided, taught, shared or distributed at or in connection with the Online Program in any manner for public or commercial purposes without prior written permission from JYG. You may request JYG’s permission where JYG may grant permission to authorise such commercial uses for a yearly licensing fee.

  11. Breaches of any of the terms contained and any other uses for unauthorised purposes without our prior written consent will constitute an infringement of either JYG’s copyright or other intellectual property rights, and/or the copyright or other intellectual property rights of JYG licensors.

  12. Nothing contained in these Terms and Conditions shall, by implication, estoppel or otherwise, be deemed to give you any legal or beneficial right or licence to use, copy or otherwise use or exploit in any way any intellectual property contained in the content of the Online Program and/or the materials provided, taught, shared or distributed at or in connection with the Online Program to you, all of which shall at all times remain the exclusive property of JYG, Dato Joey Yap and/or its affiliate(s) respectively.

  13. Audio/Visual Release

  14. By participating in the Online Program, you acknowledge and agree to grant JYG and/or its associates or affiliates the right and permission to record, film, photograph or capture your likeness and voice in any media or format now available and hereafter developed and to market, advertise, distribute, broadcast, use or otherwise to disseminate globally, in perpetuity, such media (which may include your name, likeness, voice, biographical details, photographs and testimonial), in any media or format, online and/or offline, without any further permission or approval from you and without any payment to you. This grant to JYG includes the right to edit such media, the right to use the media alone or together with other information, and the right to allow others to use and/or disseminate the media. For the avoidance of doubt JYG owns all the exclusive rights over and in relation to any audio, video and/or photograph captured at the Online Program. The Participant shall not ask for or expect payment, remuneration, compensation of any kind whatsoever for the use of recordings or photographs in which the participant appears or speaks.

  15. You are not permitted to, under any circumstances, record, film, photograph or capture any audio or video footage of the Online Program or during any session within the Online Program. JYG reserves the right to request Participant who violates this provision to delete the footage, to discontinue the use of the recording device and/or to remove the Participant from the Online Program immediately without any refund or compensation of any kind whatsoever.

  16. Force Majeure

  17. In no event shall we be responsible or liable for any failure or delay in the performance of our obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including but not limited to acts of god, epidemics, pandemics, natural disasters, lightnings, floods, exceptionally severe weather, fire, explosion, war, act of terrorism, civil disorder, industrial disputes (whether or not involving our employees) any existing or future laws, rules, regulations, restrictions or acts of any government (including any orders, rules or regulations issued by any official or agency or such government) or other competent authorities, failure or diminishment of power or telecommunications or data networks or services, hostile network attacks or cyber-attacks, failures or default of third-party software, interruptions or breakdown or loss or malfunctions of utilities, communications or computer (software and hardware) services, refusal of a license by a government agency or other events beyond our reasonable control that would delay or prohibit our obligations hereunder, but we shall use our best effort to provide a Replacement Program ("RP") or a Varied Program ("VP") where reasonably practicable.

  18. Emergency Situation

  19. Without prejudice and subject to Clause 13 of Force Majeure, if JYG is delayed, prevented or hindered from delivering any parts of the Online Program or the performance of its obligations under this Contract of Sale due to an Emergency Situation other than the events covered under Force Majeure, as determined in good-faith through the reasonable and sole discretion of JYG, JYG hereby expressly reserves the right, in its sole discretion to provide a RP or VP as it deems necessary, without penalty or compensation, and without being liable to any Participant in any way whatsoever.

  20. Replacement Program ("RP") and Varied Program ("VP")

  21. In the event that the package of the Online Program includes a Live Event, which requires the physical attendance of a participant, but the Live Event cannot be conducted due to Force Majeure or an Emergency Situation as defined in clauses 13 and 14, a Replacement Program (“RP”) may be provided where a Live Event is replaced with a LiveStream event. You hereby expressly acknowledge and agree that under those circumstances defined in clauses 13 and 14, JYG reserves the absolute right in its sole discretion to convert that Live Event into a LiveStream and to deliver that Live Event virtually, online, and/or over the internet, without penalty or compensation, and without being liable to any Participant in any way whatsoever.

  22. If a Force Majeure or Emergency Situation arises, we may provide a Varied Program (“VP”) which may include changes to the:

    • time(s), date(s), venue(s), location(s) of the Online Program;
    • mode of delivery and/or platform of the Online Program;
    • Partner Organisations, platform and/or service provider that hosts or publishes the Online Program;
    • Instructor of the Online Program
  23. If an RP or VP is provided as a result of clause 13 or 14, the Participants will be notified in writing as soon as reasonably possible prior to the commencement of the RP or VP.

  24. In the event that the RP or VP cannot be rescheduled within the period of 24 months from the original date of the Online Program, either party may terminate the Contract of Sale by giving 30 days’ written notice to the other party.

  25. For the avoidance of doubt, strictly no refunds, partial or in full, will be allowed in the event that an RP or VP has been offered to the Participant if the RP or VP is scheduled within 24 months from the original date of the Online Program.

  26. Replacement or Substitution of Instructor

  27. You acknowledge that the Online Program fees are paid solely for your attendance in the Online Program and your access to its materials, contents, and syllabus. This fee does not in any way represent a guarantee of any particular individual as the Instructor of the Online Program.

  28. We expressly reserve our right to assign, substitute, and/or replace the instructor of the Online Program at our sole discretion, even if an instructor had previously been listed and/or announced as the instructor of that particular Online Program, provided that the newly assigned instructor is qualified to teach that Online Program.

  29. In the event that the Participant wishes to attend an ‘instructor-specific’ Online Program, the Participant may request for a deferment or postponement in accordance to clause 29.

  30. In the event that an Instructor has been replaced and/or substituted, and a new qualified Instructor has been assigned to teach that Online Program, strictly no refunds will be allowed under these circumstances.

  31. Cancellation and Replacement

  32. You may withdraw from the Online Program by submitting a request for refund (by email, letter or fax) to JYG not less than six weeks prior to the Commencement Date of the Online Program. A cancellation charge equivalent to 20% of the Online Program fee will be deducted to cover finance and administration charges, while the balance of 80% of the Online Program fee (if already paid up) will be refundable within 30 days from when your refund request is received by JYG.

  33. For the avoidance of doubt, you expressly acknowledge and agree that our Online Programs may be delivered over an extended period of time and no refunds and/or partial refunds will be allowed if the request for refund is not made in accordance to the timeframes described herein or if the request was made after the Commencement Date of the Online Program. If a Participant decides to discontinue the Online Program after the Commencement Date, strictly no refunds will be allowed.

  34. If JYG does not receive the request for refund in writing within the timeframe described above, you will be deemed to have commenced the Online Program and strictly no refund, replacement, postponement or substitution of any kind will be allowed.

  35. Subjected to the written approval of JYG, a replacement request, together with the particulars of the replacement participant may be considered and processed at the sole discretion of JYG upon receipt of such replacement request in writing within the timeframes specified above.

  36. You understand that any resale of the Online Program to a third-party is strictly prohibited unless with the prior written approval and acceptance by JYG. Unapproved Participants will be denied entry/access into the Online Program and no refunds will be provided under these circumstances.

  37. You may request to defer or postpone your attendance at the Online Program to a future date, but such request is allowed only once within a timeframe of 12 months from the original commencement date of the Online Program. Such requests for postponements must be made in writing at least six weeks prior to the Commencement Date of the Online Program. If a similar Online Program is not available within the 12-month timeframe, you may attend another Online Program of a similar value, provided that where the fee for such other Online Program is higher, you must make full payment of the difference in the Online Program fee. No refund will be allowed if you elect to participate in a program of a lesser value, or if you fail to find a suitable replacement Online Program within the 12-month timeframe.

  38. JYG expressly reserves the right to cancel, discontinue, merge, combine, replace, or substitute the Online Program with other online programs of a similar content and value on any platform of its choice. In the unlikely event of any cancellations by JYG without providing a RP or VP, you may request for a credit transfer of the fees paid to another program. You understand and agree that you shall not be entitled to any claims for any losses or damages which you may suffer or incur, directly or indirectly, arising as a result (including consequential losses or damages) from the cancellation, discontinuation, merging, combining, replacing and substitution of the Online Programs.

  39. Adult Language

  40. The Online Program may contain adult topics relating to personal and professional growth and adult or profane language that some individuals may find offensive. Participants who are uncomfortable with such topic or language should not participate the Course. You will not, under any circumstances, be entitled to any refund or compensation of any kind whatsoever based on an offense to such topic or language.

  41. Privacy Policies

  42. In order to participate in the Online Program, you may be required to submitting certain personal information and by submitting such information as part of registration process, you consent to JYG’s use and processing of any personal information derived from your participation in the Online Program in accordance with our Privacy Policy which is available on joeyyap.com/privacy and you warrant that all data provided by you is accurate. Any questions with respect to our data protection policy, including how you may access and correct your personal data can be directed to JYG by filling up the contact form found at joeyyap.com/privacy.

  43. Assignment and Violation

  44. You are not allowed to assign or transfer any of your rights under these Terms and Conditions to any other person, unless with the written approval of JYG. We may assign our rights under these Terms and Conditions to our affiliate(s) where we reasonably believe your rights will not be affected. You expressly agree and acknowledge that your access to the Online Program is personal, non-commercial and exclusive to you and you are not allowed to share or transfer your rights to access the Online Program to any other person.

  45. JYG reserves the right to monitor IP addresses that are used to access the Online Program and your access is subject to review at any time by JYG for the purposes of ensuring compliance with our Terms and Conditions and other applicable policies.

  46. You understand, acknowledge, and agree that, JYG reserves the right, without any liability, to restrict, refuse or limit your participation, and/or revoke your access to the Online Program and any other online webinars, seminars, trainings, courses, programs, coaching sessions and/or meetings, or more serious consequences, up to and including suspension and cancellation of your account at our sole discretion, with or without notice or liability of any kind, if we have reasonable grounds to believe that: -

    • you have breached or if you are suspected to or have attempted to engage in any activities that violate the terms set forth herein;

    • you are suspected to have breached any of our copyright and intellectual property rights;

    • you are suspected to or have attempted to interfere with the proper operation of the Online Program;

    • any suspected or attempted breach of security and/or use of certain security compromising tools including but not limited to, password guessing programs, cracking tools, or network probing tools;

    • if we detect any suspicious account activities from multiple IPs logging in simultaneously at the same time, or any other activities that may indicate that your access to such Online Programs may have been unlawfully shared with third parties.

    If your access to the Online Program has been terminated on these grounds, strictly no refunds will be allowed and we reserve all rights to pursue legal action against any infringements. In such case, you will not be entitled to any refund or compensation of any kind whatsoever and you may also be subject to federal, state and local laws for such violation.

  47. If we become aware that your access to the Online Program has been shared with unauthorised third parties, in addition to our rights to terminate your access to the Online Program with or without further notice or warning at any time and to recover the Online Program fee from you, we expressly reserve the right pursue any and all available legal actions, including but not limited to, instituting formal ligation proceedings against you, without prejudice to any other rights or remedies available to JYG. You understand and agree that you will be liable for any attorney's fees and costs incurred and all legal claims and causes of action arising out of such violations.

  48. Disclaimers and Limitation of Liability

  49. JYG disclaims all liability for any and all information, advice, opinion or view given or expressed at the Online Program or through the materials provided, taught, shared or distributed at or in connection with the Online Program.

  50. We do not warrant or guarantee of the accuracy, completeness, suitability, timeliness or performance of information or content of the Online Program. If there are errors in the information provided in the Online Program, JYG and/or its affiliates expressly exclude liability for these inaccuracies, to the fullest extent that the law permits.

  51. The information and materials provided, taught, shared or distributed or made available by JYG, Dato Joey Yap, the speakers or any third-party at or in connection with the Online Program are intended for information only, and cannot replace, substitute or constitute the services of trained professionals in any field (including, but not limited to, mental, financial, medical, psychological or legal fields. JYG does not offer any professional, personal, medical, financial or legal advice). The Online Program is not a "get-rich” scheme. We do not guarantee or make any commitment that you will earn any money using the information given at the Online Program or through the materials distributed at or in connection with the Online Program.

  52. Neither JYG, Dato Joey Yap nor their assigns, sponsors, speakers, partners, contractors or any of their affiliate(s) will be liable for any direct, indirect, consequential, special, exemplary or other loss or damage to your or your business, including economic loss, that may result from your reliance on any aspect of the Online Program and/or any information or materials provided, taught, shared or distributed at or in connection with Online Program, even if you have been advised of the possibility of such loss or damage.

  53. Although we aim to offer you the best services possible, we make no promise that the services provided will meet your requirements and we cannot guarantee that the Online Program will be uninterrupted, fault free, free of bugs and viruses or compatible with your software or hardware. In the event that a fault occurs, you should report it to our customer service team and we will use our reasonable endeavours to rectify or correct the fault as soon as reasonably practical. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to participate in the Online Program.

  54. To the fullest extent permitted by law, JYG and its affiliate(s) shall not be liable for any loss of use, lost or inaccurate data, failure of security mechanisms, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, tort (including negligence) strict liability or otherwise as a result of your participation in the Online Program.

  55. All other representations, warranties and/or terms and/or commitments not expressly set out in the Terms and Conditions (whether implied by law, conduct, statute or otherwise) are hereby excluded to the fullest extent permissible at law.

  56. Miscellaneous

  57. You represent and warrant that you are over the age of 16 and have the right to contract in your own name.

  58. All notices or other communications to be given under these Terms and Conditions must be made in writing and shall be delivered by hand, by commercial courier or by registered mail, or sent by facsimile or email to your and JYG’s address and email address specified in the Registration Form.

  59. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms and conditions shall survive and continue to be binding and enforceable.

  60. To the fullest extent permitted by law, the Participant hereby agrees to indemnify, defend and hold JYG harmless from any and all claims, debts, demands, suits, actions, proceedings and/or prosecutions, and any and all liabilities, losses, expenses (including attorney’s fees and costs) and damages incurred directly or indirectly, arising from the breach any provisions in this Terms and Conditions and other incorporated policies, infringement of any intellectual property rights, and/or violations of any provisions of law in connection with the transaction contemplated under this Contract of Sale.

  61. Any express or implied waiver to perform any obligation under these Terms and Conditions will not prevent the subsequent enforcement of them.

  62. These Terms and Conditions shall be governed by the laws of Malaysia and you hereby irrevocably submit to the exclusive jurisdiction of the courts of Malaysia.


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