3. Cease browsing the Website and participating in the Course: You are advised to read these Terms and Conditions before you commencing on the use of the Website. By continuing browsing, accessing or using the Website, you hereby indicate that you have read, understood, agreed and accepted to these Terms and Conditions and that you have agreed to abide by them. Your use of any part of the Website constitutes your acceptance of these Terms and Conditions which takes effect on the date on which you first use the Website. If you do not agree with these Terms and Conditions, you should cease using the Website immediately.
4. Amendment to Terms and Conditions: We reserve the right to amend these Terms and Conditions at any time without notice to you by posting changes online. You are responsible to regularly review information posted in the Website to obtain timely notice of such changes. If you do not wish to be bound by these amended Terms and Conditions, you have the right to delete all of your membership(s)/account(s) on our Website. However, your continue use of our Website after changes are posted will be deemed to constitute acceptance of the amended Terms and Conditions.
5. Survive upon Completion: These terms and conditions shall survive and continue upon completion of your use of the Website and/or Course(s) (defined hereinunder).
B. DEFINITIONS & INTERPRETATIONS
1. Definitions: In these Terms and Conditions, unless the context requires otherwise:-
“Applicable Laws” : statutes, codes, rules, regulations, directives, and/or guidelines which are applicable at the time being in Malaysia at laws and in equity;
“Course(s)” : a series of online class(es) or training session(s) which includes LIVE (online and offline) presentation/ class(es), pre- training session(s), post training session(s);
“Course Fee” : payment made in consideration of the Course;
“Course Material” : pre-recorded videos, pre-recorded audio, graphics, worksheet in various format including but not limited to, Word file, Excel sheet, PDF and any other materials relevant to the Course(s);
“Disclaimer” : details in Clause G hereinunder;
“Funnel Duo Media Sdn. Bhd.” or “we” or “us” : Funnel Duo Media Sdn. Bhd. (Company No.: 1320543-M);
“Members” : Users who have paid Course Fee to us;
“Membership Area” : an exclusive online area accessible for members only, which premised on other third party contractors’ applications including but not limited to, https://kajabi.com/ or https://www.thinkific.com/;
“Social Media” : including but not limited to, WhatsApp group, Facebook group, Telegram group;
“Terms and Conditions” : these terms and conditions including any amendments made from time to time thereto;
“Users” or “you” : persons who access the Website; and
“Website” : https://funnelduo.com including any subpages and links to payment gateway for the Course Fee.
2. Interpretations: In these Terms and Conditions, unless the context require otherwise:-
(a) any reference to:-
(i) the singular includes the plural and vice versa;
(ii) a gender includes all binary gender and non-conforming genders;
(iii) a date or time of day is a reference to Malaysian date or time;
(b) headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this Agreement;
(c) in the event there is any ambiguity or doubt in understanding the clauses including any provisions herein shall be interpreted in our favour; and
(d) please e-mail us at firstname.lastname@example.org if you have any enquiry(ies) or question(s) with regards to these Terms and Conditions.
C. TERM OF USE – WEBSITE
1. Eligibility: To use the Website, you must be Eighteen (18) years of age or above. You are advised to use the Website at your own risk and parental discretion if you are less than Eighteen (18) years of age.
2. Scope: The Website stipulates details on “Web Design”, “Lead Generation”, “FB Marketing”, “Chatbox”, our “Blog” and other information which we may put up from time to time.
3. Prohibitions and Prevention of Usage: You shall not misuse the Website. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Website.
4. Equipment: Your agreement to use the Website does not include the provision of a computer or any other necessary equipment by us to you in achieving any of the said purpose. To use the Website and/or making of payment for Course Fee, you require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunications costs or other costs that you may incur in connection with the same.
D. TERMS AND CONDITIONS – COURSE(S), COURSE FEE, COURSE MATERIAL
1. Registration: You are required to submit your contact information, which is your first name, your last name, your email address, phone no., country of residence and any other relevant information as required by us in the registration form stated in https://pay.funnelduo.com/funnelbossvirtual/ or any other designated site(s) (“Contact Information”).
2. Payment: By paying the Course Fee to us, you are entitled to attend and participate the Course subject to additional terms and conditions stated therein. We are entitled to refuse you access to the Course if we find you fail to make any payment of Course Fee before the due date in accordance with the manner as required or if we reasonably believe that the payment of Course Fee is illegal or our receipt of the Course Fee is likely to constitute a wrongdoing or crime based on the Applicable Laws.
3. Refund: No refund of course fee or any payment so made to us shall be made and agreed by us unless such request for refund is made in writing to us within 24 hours of payment AND shall subject to our discretion. Time mentioned herein is of essence. We will not respond to any request of refund beyond the foregoing period and any payment so made for the course/event shall be forfeited absolutely by us.
4. Non-transferable: Whoever name stated in the registration form shall be the person participating the Course. Successful registrants shall not be entitled to transfer/assign the entitlement to the Courses to any other persons without our prior consent.
5. Personal Data Notice: By submitting your Contact Information, you are deemed to agree and accept the terms and conditions stated in our Personal Data Notice (https://bit.ly/3fh13Hn).
6. Course(s): Any skill, knowledge and/or information shared by us or our speakers/trainers/mentors during the Course(s) shall be for learning, educational and knowledge purpose only.
Whilst we endeavour to ensure that information during the Courses are correct and up-to-date, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose AND we DO NOT ACCEPT any liability for any errors or omissions or misrepresentation whatsoever to the extent permitted by the Applicable Laws.
Further, we DO NOT GUARANTEE absolute accuracy, veracity and/or your desired outcome or result whatsoever upon application of the skill, knowledge and/or information so obtained during the Course.
In addition to and without prejudice to the foregoing disclaimer, WE HEREBY EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, OR LIABILITIES WHATSOEVER EITHER DIRECTLY OR INDIRECTLY, TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, ARISING FROM OR DUE TO YOUR ATTENDANCE/PARTICIPATION IN OR ENJOYMENT OF THE COURSE(S) WHATSOEVER.
7. Course Material: We are the sole owner of the Course Materials wherein all rights, benefits and entitlements attached to or arising from or due to the Course Materials shall belong to us absolutely. You are entitled to access, obtain and use the Course Materials from the Membership Area upon your successful payment of requisite fee/Course Fee.
Unless otherwise you have requested and we have given prior written consent, you are NOT authorised, permitted, given any consent to record any Course Material in any form or cause and/or procure any recording of Course Material in electronic form or otherwise. We reserve our rights to stop, hinder, and/or prevent you from accessing, obtaining, and/or using the Course Material if we find unauthorised recording of Course Material is taken by you.
Any skill, knowledge and/or information provided in the Course Material shall be for learning, educational and knowledge purpose only.
We and/or our speakers/trainers/mentors endeavor to provide you with the most up-to-date, accurate and correct information in the Course Material However, we DO NOT GUARANTEE absolute accuracy, veracity and/or your desired/satisfactory outcome or result whatsoever upon application of the skill, knowledge and/or information so obtained from the Course Material.
You are entitled to use the Course Material for the purpose of learning, educational and knowledge purpose only. You are not entitled to transfer, transmit, reproduce, copy, use, modify or restructure the Course Material in any form or manner for any other third party(ies) usage.
Whilst we endeavour to ensure that information in the Course Material are correct and up-to-date, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose AND we DO NOT ACCEPT any liability for any errors or omissions or misrepresentation whatsoever to the extent permitted by the Applicable Laws.
Further, we DO NOT GUARANTEE absolute accuracy, veracity and/or your desired outcome or result whatsoever upon application of the skill, knowledge and/or information so obtained from the Course Material.
In addition to and without prejudice to the foregoing disclaimer, WE HEREBY EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, OR LIABILITIES WHATSOEVER EITHER DIRECTLY OR INDIRECTLY, TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, ARISING FROM OR DUE TO YOUR USE OF THE COURSE MATERIAL WHATSOEVER.
8. Intellectual Properties Rights: “Funnel Duo Media”, “Funnel Duo” including its word, logo and all related names, design marks and slogans are our trademarks or service marks (either registered or pending registration). We are the sole owner or the licensee of all intellectual property rights in the Website, Course and Course Material.
You shall not misuse, modify, reproduce, or in any manner process any of the information, statements, pictures, graphics, details published online in whatever manner without our prior written consent. If you print out, copy or download any part of the Course Material, you are responsible to ensure the Course Material is not misused, modified, reproduced, or in any manner processed into any other form without our prior written consent. Failing which, we reserve the rights to commence a legal suit including to demand you to withdraw, seek injunction from competent court, claim against you for any damages or losses.
You shall not use any part of the Course Material for commercial purposes without obtaining a written approval from us. Any commercialisation, exploitation and/or usage of the Course and/or Course Material for the purpose of duplicating any other similar online courses/training sessions is STRICTLY PROHIBITED.
9. Social Media: You are deemed to agree to participate in the discussion groups of Social Media upon your acceptance to our invitation, wherein you are deemed to agree to the rules and regulations stipulated by the Social Media. We are not responsible or liable for any expressions, words, phrases stated, issued, or expressed by any Members towards another Members. All Members are expected to adhere by reasonable code of conduct while engaging in the aforesaid discussion groups. We are the merely providing numerous platforms for discussion, DO NOT MANAGE, REGULATE OR CONTROL any content provided by the Members in the aforesaid discussion groups. WE HEREBY EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DEMANDS, DAMAGES, OR LIABILITIES WHATSOEVER EITHER DIRECTLY OR INDIRECTLY, TO THE EXTENT PERMITTED BY THE APPLICABLE LAWS, ARISING FROM OR DUE TO YOUR PARTICIPATION IN THE DISCUSSION GROUPS OF SOCIAL MEDIA OR MEMBER(S)’ COMMUNICATIONS TO OTHER MEMBERS.
You shall not misuse the Social Media. You shall not commit or encourage a criminal offence, transmit or distribute a virus including but not limited to Trojan horse, worm, logic bomb or post any other materials on the Website which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene, corrupt data, cause annoyance other users, infringe upon the rights of any other person’s proprietary rights or send any unsolicited advertising or promotional material. We reserve the right, at our own discretion, to prevent you from using the Social Media.
10. Limitation of Liability: NOTWITHSTANDING THE DISCLAIMER STATED HEREINABOVE, IN THE EVENT WE ARE FOUND LIABLE FOR OUR ACTS, OMMISSIONS, AND/OR DEFAULT UNDER THESES TERMS AND CONDITIONS BY ANY COMPETENT COURT UNDER THE APPLICABLE LAWS, OUR TOTAL LIABILITY SHALL BE LIMITED TO TEN PERCENT (10%) OF THE TOTAL PAYMENT/COURSE FEE THAT YOU HAVE MADE TO US.
YOU HEREBY EXPRESSLY AGREE TO THIS LIMITATION OF LIABILITY AND SHALL WAIVE YOUR RIGHTS TO CHALLENGE, DISPUTE, DENY AND/OR REJECT THIS LIMITATION OF LIABILITY UPON YOUR ATTENDANCE AND/OR PARTICIPATION IN THE COURSE(S) OR DISCUSSION GROUPS IN SOCIAL MEDIA.
E. REPRESENTATIONS AND WARRANTIES
1. You hereby represent warrant and undertake that:-
(a) these Terms and Conditions constitute its legal and binding obligations and shall be enforceable against it in accordance with the terms hereunder;
(b) you have the full power authority and capacity to enter into this Agreement and be bound by all the terms and conditions herein contained and such execution and performance does not contravene any of its contractual, statutory or other obligations of any nature whatsoever in such manner as to cause it to be unable to fulfill its obligations hereunder;
(c) entry into these Terms and Conditions shall not breach infringe or violate any Applicable Laws or any laws that is enforceable against you in your country of origin or residence;
(d) save as otherwise provided herein, all actions, conditions and things required to be taken, fulfilled and done (including without limitation the obtaining of any necessary consents or licence or the making of any filing or registration) in order to enable it/he lawfully to enter into, exercise your rights and perform and comply with your obligations under these Terms and Conditions and to ensure that those obligations are legally binding and enforceable, have been taken, fulfilled and done;
(e) your entry into, exercise of its rights and/or performance of or compliance with your obligations under these Terms and Conditions do not and will not violate, or exceed any power or restriction granted or imposed by (i) any law, regulation, authorization, directive or order (whether or not having the force of law) to which it is subject; (ii) its constitutive documents, where applicable; or (iii) any agreement or arrangement to which it is a party or which is binding on it or its assets; and
(f) save as otherwise disclosed, you are not engaged in and are not aware of any pending or threatened litigation or governmental investigation or proceedings which may have a material adverse effect on its ability to enter into these Terms and Conditions and to fulfill your obligations hereunder.
F. THIRD PARTY APPS
1. We have no control over and accept no responsibility for the content of any site to which a link from the Website (unless we are the provider of those linked sites). Such linked sites are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. We do not provide any endorsement or recommendation of any third-party site to which the Website provides a link.
G. GENERAL INDEMNITY & DISCLAIMER
1. IN ADDITION TO AND WITHOUT PREJUDICE TO THE DISCLAIMER STATED HEREINABOVE, WE SHALL NOT HAVE ANY LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, RESTITUTION OR UNDER ANY LEGAL HEAD OF LIABILITY) IN RELATION TO YOUR USE OR INABILITY TO USE OR DELAY IN USE OF THE WEBSITE, COURSE, AND/OR COURSE MATERIAL AS A RESULT OF USING THE WEBSITE, COURSE, AND/OR COURSE MATERIAL FOR ANY: (A) INDIRECT OR CONSEQUENTIAL LOSSES, DAMAGES, COSTS OR EXPENSES; (B) LOSS OF ACTUAL OR ANTICIPATED PROFITS; (C) LOSS OF CONTRACTS; (D) LOSS OF USE OF MONEY; (E) LOSS OF ANTICIPATED SAVINGS; (F) LOSS OF REVENUE; (G) LOSS OF GOODWILL; (H) LOSS OF REPUTATION; (I) LOSS OF BUSINESS; (J) LOSS OF OPERATION TIME; (K) LOSS OF OPPORTUNITY; OR (L) LOSS OF, DAMAGE TO OR CORRUPTION OF, DATA; WHETHER OR NOT SUCH LOSSES WERE REASONABLY FORESEEABLE OR WE HAD BEEN ADVISED OF THE POSSIBILITY OF YOU INCURRING SUCH LOSSES. FOR THE AVOIDANCE OF DOUBT, THE FOREGOING SUB-CLAUSES (B) TO (L) APPLY WHETHER SUCH LOSSES ARE DIRECT, INDIRECT, CONSEQUENTIAL OR OTHERWISE.
2. You agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to solicitors' fees) arising from: (i) your use of and access to the Website, Course and/or Course Material, including any other data or content transmitted or received by you; (ii) your violation of any term of these Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, rights of intellectual properties, and any rights of payment gateway; (iv) your violation of any Applicable Laws; (v) any content that is submitted via your account including without limitation misleading, false, or inaccurate information.
1. Time shall not be an essence on our obligations to perform the necessary services under these Terms and Conditions.
2. Any notice given pursuant to these Terms and Conditions shall be in writing and be given by sending the same by email, facsimile, prepaid registered post or left if addressed to the party concerned in these Terms and Conditions or address given in the registered user account.
3. These Terms and Conditions shall be construed in accordance with and governed by the laws of Malaysia.
4. If any provision of these Terms and Conditions is or may become illegal or void under any written law or is found by any court or administrative body of competent jurisdiction to be illegal, void, invalid, prohibited or unenforceable then:-
(a) such provisions shall be ineffective to the extent of such illegality, voidness, invalidity, prohibition or unenforceability;
(b) the remaining provisions of this agreement shall remain in full force and effect;
(c) the parties shall use their respective best endeavours to negotiate and agree a substitute provision which is valid and enforceable and achieves to the greatest extent possible the economic, legal and commercial objectives of such illegal, void, invalid, prohibited or unenforceable term, condition, stipulation, provision, covenant or undertaking.
5. No failure or delay in the exercise or the partial exercise of any right or remedy or the exercise of any other right or remedy shall affect of impair any such right or remedy.
6. These Terms and Conditions shall be binding on the parties and their respective successors in title of the parties hereto.
7. The parties acknowledge and agree that these Terms and Conditions and/or any other documents pertaining hereto can be signed, executed, acknowledged, issued and/or executed by electronic means and shall in any proceedings be admissible in evidence and be presumed, unless evidence to the contrary is introduced.
8. In the event of inconsistency between the agreement signed between you and us in a separate form, such agreement shall prevail against these Terms and Conditions, and shall be enforced to the extent of inconsistency as possible.