TERMS OF SERVICE

  1. Introduction

    1.1 Gnius Sdn. Bhd. (hereinafter refers to as “us”, “our” or “GNIUS”) provides its digital learning platform to you as the user (hereinafter refers to as “you”, “your”, or “user”) through its website located at gnius.my (the “Website” or “Platform”), subject to the following Terms of Service (“Terms of Service”). The “Services” we provide or make available include (a) the Website (b) the services provided by the Website and by GNIUS software made available through the Website, and (c) all information, linked pages, features, data, text, images, articles, photographs, graphics, music, sound, video, messages, tags, content, programming, software, application services or other materials made available through the Website or its related services. Any new feature added to or augmenting the Services is also subject to these Terms of Service. The Terms of Service are a legally binding contract between you and GNIUS as website and service provider regarding your use of our Services.

    1.2 By registering and creating an account on the Platform or accessing our Platform or using any of our Services, you agree that you have read and understood, and, agree to be bound by the Terms of Service (including any update, change, modification, amendment, and deletion as provided under Section 2 herein), and consented to our processing of your personal data in accord

  2. MODIFICATIONS TO TERMS OF SERVICE

    2.1 We reserve the right, at our sole discretion, to update, change, modify, amend, or delete any or all of the Terms of Service at any time. In the event we do modify these Terms of Service, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you of the change, either through the Platform’s user interface, in an email notification or through other reasonable means and as required by applicable law. Any such changes will become effective no earlier than fourteen (14) days after they are posted, save for any changes made in addressing new functions of the Services or changes in compliance with any law, rules, regulations, or orders that shall be effective immediately. Your continued use of the Service or access to our Platform after the date of any such changes become effective constitutes your acceptance of the new Terms of Service.
  1. ACCESS AND USE OF THE WEBSITE AND SERVICES

    3.1 Use Description

    3.1.1 The Service and any content viewed through our service, is solely for your personal and non-commercial use. With your registration of account and subscription to our Service, we grant you a limited, nonexclusive, non-transferable, license to access the materials and contents in our Platform and Services and view your course through the service on streaming basis, live classes, and/or downloadable content at our discretion for that purpose. Except for the foregoing limited licenses, no right, title, or interest shall be transferred to you. You agree not to copy, share, distribute, or use all or any part of the Service, materials, course, and contents to any third party. You shall not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content or Services unless with GNIUS express permission.

    3.2 Sign Up and Registration of Accounts

    3.2.1 You are required to register with GNIUS to access the selected features on the website and use our Services. You agree, warrant, and represent that the information provided by you for the purpose of account registration is accurate and will be kept accurate and up-to-date at all times. The personal data and information provided by you for the registration and any update therein shall be collected, stored, and used by us in accordance with the Privacy Policy.

    3.2.2 You are solely responsible for maintaining the confidentiality of your account, username, and password and accept responsibility for all activities that occur under the account and undertake not to share passwords, authentication credentials, or other means of account access with a third party.

    3.2.3 You agree to notify GNIUS immediately of any actual or suspected unauthorised use of your account or any other breach of security. GNIUS shall not be liable for any losses or damages arising from your failure to comply with the confidentiality requirement on your account above. You shall be held liable for any loss or damages incurred by GNIUS and indemnify GNIUS for any loss incurred by third party due to the use of and/or access to your account by any third party.

    3.2.4 User shall not use or access an account belonging to another user. GNIUS reserves the right to terminate any account or subscription without refund on the payment or subscription fees in the event any user allowed or provided, either directly or indirectly, access and/or use of his account by any third party.

    3.3 Supervision by Adult

    3.3.1 All minor users (under the age of majority of 18 years old) shall only be permitted to register an account, access the Website, and use our Services with consent and supervision of an adult or legal guardian (“Guardian”). The Guardian shall be responsible for supervising the minor user under his care to keep confidential and exercise caution before sharing all personal data, account information, username, password, credit/debit card information registered on the account, or any other relevant information.

    3.3.2 The Guardian shall be solely responsible for the conduct of the minor user on the latter access to the Website and use of the Services. GNIUS shall not be held responsible or liable for any content, statement, representation, or conduct by the minor user or for any communication or dispute that arises between the minor user with any third parties in relation or resultant from (either directly or indirectly) the access to the Website and/or use of the Services.

  2. PAYMENTS

    4.1 Subscription Fees

    4.1.1 You agree to pay the fees for subscription and license to access to the content and Services provided by us via our Platform, and you authorised us to charge your debit or credit card, e-wallet, internet banking, or process other means of payment (including without limitation through direct salary deduction scheme) for the said fees chargeable for our services.

    4.1.2 Subject to the subscription plan for our Services opted by the user, the user undertakes to make prompt payment (either annually or in accordance with any different billing frequency stated in the applicable order) to us to allow continual access to selected features of our Website and Services.

    4.1.3 In the event GNIUS does not receive any payment when due, you agree and acknowledge that we reserve the right to suspend or terminate your access to your account and/or any selected or all features of the Website and Services.

    4.1.4 We reserve the right to change, amend, update, or modify our fees at our sole discretion, at the end of any plan period of the user. For the avoidance of doubt, the plan period selected by the user shall follow the billing frequency of the subscription of our Service opted by the user.

    4.2 Recurring Subscription

    4.2.1 If you opt for the auto-renewal feature (“Recurring Subscription”), you authorise GNIUS to maintain your account information and charge the subscription fees with the automatic renewal of your subscription to our Services. If GNIUS is unable to charge the subscription fees as authorised by you when you enrolled in a Recurring Subscription, GNIUS , may, in its sole discretion (i) send an invoice on the subscription fees and suspend your access to any or all features of the Platform and Services until payment is received and/or (ii) send a reminder to you (either through email, notification in your account or otherwise) to update your account information inter alia the credit or debit card information, or other payment information to enable continual authorisation for the automatic charges on the fees for the Recurring Subscription.

    4.2.2 GNIUS may, at its sole discretion, change, amend, update, or modify the price for Recurring Subscriptions from time to time and will communicate any price changes to you in advance. Price changes for Recurring Subscription will take effect at the start of the next period following the date of the price changes. You agree that you accept the new price by your continuing to maintain your Recurring Subscription after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription prior to the effective period for the price change.

    4.3 Cancellation and Refund

    4.3.1 Subject to Section

    4.3.2 below, you can request, within seven (7) days of your subscription to our Services (“Refund Period”), apply for cancellation of your subscription and refund of the fees paid on your subscription with reasoning.

    4.3.2 GNIUS may, at its discretion, offer subscription or promotional plans for the Services that impose early termination penalties against the user. In the event the user who opted for the said subscription or promotional plan decides to terminate his/her subscription prior to the expiry of the subscription period or any specified commitment period as imposed under the said subscription or promotional plan, GNIUS shall have the right to forfeit any or all fees paid by the user for the subscription of the Services and/or impose any additional penalty and cost against the user for early termination of the subscription. GNIUS also will not entertain any application for refund pursuant to Section 4.3.1 above.

    4.3.3 GNIUS may, at our sole discretion, upon taking into consideration your request for cancellation and refund and other relevant factors (including without limitation to your extent of consumption of our content, your previous request for refunds, and your compliance with the Terms of Service) process with the cancellation of your subscription to our Services and reimburse you with your payment to GNIUS, up to the amount of the fees paid for your subscription to our Services. For the avoidance of doubt, GNIUS is not obligated to accept your request for cancellation and refund of your fees paid and shall have the right to deny your request for cancellation and refund of your fees without the need to inform you of our reasoning for any such denial, or if accepted your request, is not obligated to refund in full the fees paid by you for the subscription to our Services.

    4.3.4 GNIUS will not take into consideration any request for refund received after the Refund Period save for exceptional situation where our Services were disabled or rendered unable to be provided to you due to any legal or policy reasoning, or any fault to GNIUS’s system or Platform.

    4.3.5 GNIUS may also, at its sole discretion, take into consideration your request for cancellation and refund beyond the Refund Period in the case of involved suspicion or confirmed account fraud, provided the request was supported by relevant evidence and documentation on the involvement of fraudulent activity.

    4.3.6 If the user has breached or GNIUS has reasonable belief that the user has breached the Terms of Service, GNIUS has to right to disable your access to your account, the Platform, and the Services, cancel your subscription to our Services and you will not be eligible to receive a refund for any fees paid for your subscription to our Services.

    4.3.7 If GNIUS has approved your application for cancellation of your subscription and refund of part of or all of the fees paid, GNIUS reserves the right, at our sole discretion, to refund to your original payment methods or any other bank account opted by you under your request. We shall not be responsible if the payment details provided in your application for refund (including without limitation to the bank account number and recipient) are faulty or cannot proceed due to the act of your financial service provider or any third party without fault from GNIUS.

    4.3.8 All request for cancellation and refund received by GNIUS and all information provided therein is deemed to be authorised by the user. GNIUS is not responsible for inquiring, investigating, and ensuring the authenticity of the application for cancellation and refund and the accuracy of the information provided in the request for cancellation and refund received by GNIUS.
  1. PROMOTIONAL CODES

    5.1 GNIUS or our partners may offer promotional or discount codes to the user, which may be redeemed for promotional credits to your account or discount on the subscription fees of the user, subject to the conditions imposed on the use of the said promotional or discount codes.

    5.2 GNIUS may impose an expiry date on the promotional or discount code or the promotional credits redeemed via the promotional codes. The promotional value linked to the promotional and discount code may be expired if not used within the expiry period.

    5.3 The promotional or discount codes offered by GNIUS shall not be refunded for cash, unless otherwise specified in the conditions imposed on the use of the said promotional or discount codes or as required by any law, rules, regulations, or orders.

    5.4 GNIUS may, at its sole discretion, withdraw, discontinue, or disable any promotional or discount code offered to the user at any time without notification and the user shall not have the right to redeem or use the said promotional or discount code upon such withdrawal or discontinuance.

  2. INTELLECTUAL PROPERTIES

    6.1 All Intellectual Properties* rights to the Platform and Services are and shall remain the exclusive property of GNIUS. For the avoidance of doubt, all materials and information contained on the Platform, including without limitation, the text, graphics, photographs, artwork, icons, images, logos, audio, video, downloads, data, and compilations, are the exclusive property of GNIUS and is subject to this Terms of Service, Privacy Policy and all applicable law.

    *Note: “Intellectual Properties” means all rights worldwide in, to, and under copyrights, copyright registration and applications, trademarks, trademark registrations and applications, domain names, patents, patent registrations, and applications, websites, source code relating to the website or other application, software programme, technology, hardware, contents, and education material, trade secrets and proprietary or other confidential information, know-how, proprietary processes, formulae, algorithms, models, technical and engineering data, plans, diagrams, e author rights, moral rights, rights in goodwill and other rights or property commonly considered to be intellectual property, whether registrable or not, as may exist now and hereafter come in existence and includes all renewals, extensions, modifications, enhancement, and improvement thereof.

    6.2 No right or license is granted to the user or to any party who uses or accesses the Website and/or Services to use or reproduce any Intellectual Property (save for the limited license to use of any Intellectual Properties that are necessary for the user to access to the Services subscribed as provided in Section 3.1 above) and no user or party who use or access the Website shall have claim in any right, title or interest therein.

  3. MAINTENANCE AND UPDATE

    7.1 GNIUS has the right to perform scheduled or unscheduled maintenance, update, and/or upgrade of the Website and/or Services, which may cause temporary interruption or unavailability of the user to access their account or Website or use the Services. GNIUS will use reasonable efforts to provide advance notice in writing, notification through the Website, or by email of any scheduled unavailability of the Services.

    7.2 The user shall not have any claim and/or action against GNIUS for losses or damages, either directly or indirectly, due to the temporary interruption or unavailability of the user to access to their account, Website, and/or use all or part of the Services as a result of our scheduled or unscheduled maintenance, update and/or upgrade our Website and/or Service.

    7.3 The user agrees that GNIUS may, at its sole discretion, decide to cease making available certain features of the Website and/or Services or remove any content previously offered or made available in the Website and/or Services at any time and for any reason whatsoever. The user shall not have the right to insist or demand GNIUS on the restoration of any features or content made unavailable by GNIUS therein nor shall have any right to bring any action or claim for any losses or damages against GNIUS for the removal or making unavailable any features of the Website and/or Services or any content therein.

  4. TERMINATION AND SUSPENSION

    8.1 GNIUS shall have the right to terminate or suspend the user’s password or account or use or access to the Website and Services (or any part thereon) in the event the user has violated or breached any terms and conditions of the Terms of Service, Privacy Notice or applicable law, without any prior notice to the user. Such termination or suspension shall not prejudice to the rights of GNIUS to claim against the user for any expenses, costs, losses, and damages (including without limitation to direct, indirect, special, consequential, exemplary, loss of profit, loss of goodwill, data or other tangible and intangible loss) suffered by GNIUS as a result of the violation or breach of Terms of Service, Privacy Notice or applicable law.

  5. INDEMNITY

    9.1 The user agrees to indemnify and keep indemnify GNIUS and its affiliates, directors, shareholders, officers, employees, agents, representatives, and contractors harmless from any and all actions, suits, claims or demands, proceedings, losses, damages, compensation, costs (including legal cost), charges and expenses whatsoever arising out of or relating to your violation of the Terms of Service, Privacy Notice or applicable law.

  6. DISCLAIMER OF WARRANTIES

    10.1 Your access to the Website and use of the Service is at your sole risk. The Website and Service is provided and made available by GNIUS on an “as is” and “as available” basis. Except as otherwise expressly provided herein, GNIUS disclaims all warranties of any kind, whether express, implied, or statutory.

    10.2 GNIUS makes no warranty that:
    (i) The Services will meet your requirements, personal expectations, or desired results;
    (ii) The quality of any Services and content offered will meet your personal expectation or requirement; and
    (iii) The Website, Services, and/or content offered will be uninterrupted, timely, secure, or free from any error.

  7. LIMITATION OF LIABILITY

    11.1 You acknowledge and agree that GNIUS shall not be liable for any and all expenses, costs, losses, or damages (including without limitation to direct, indirect, special, consequential, exemplary, loss of profit, loss of goodwill, data, or other tangible and intangible loss) resulting from:
    (i) The access and use of the Website, Services and content;
    (ii) The inability to access and use the Website, Services and content;
    (iii) Any changes, revision, update, modification, replacement, deletion, or removal of any feature in the Website and Service or any content therein;
    (iv) Statement and representation, conduct, or omission of any officers, employees, agents, representatives, contractors, or third party on or related to the use of Website, Services, and content offered; and
    (v) Any other matter in relation to the Website, Services, and content.

    11.2 In any event if GNIUS were to be held liable for any expenses, costs, losses, and/or damages, the total liability for all such expenses, costs, losses, and damages by GNIUS to the user shall not exceed the amount paid by you for your subscription to the Services in the last six (6) months.

  8. DISPUTES BETWEEN USERS AND ANY THIRD PARTY

    12.1 You agree that you shall be solely responsible for your interaction with any third party (including without limitation to the instructors or any other user) in connection with the Services and GNIUS shall have no liability or responsibility with respect thereto.

    12.2 GNIUS reserves the right, but has no obligation, to become involved in any way with any dispute between you and other third parties of the Services.

  9. GOVERNING LAW

    13.1 These Terms of Service shall be governed by and construed in accordance with the laws of Malaysia and both GNIUS and the user agree to submit to the exclusive jurisdiction of the Courts of Malaysia.

  10. GENERAL PROVISIONS

    14.1 GNIUS reserves all rights not expressly granted herein.

    14.2 You may not assign, sublicense, or transfer any rights granted to you hereunder (including without limitation to your right to access to your account and the features of the Website and Services).

    14.3 The failure by GNIUS at any time to require the performance of any provision or enforce any rights hereof shall in no manner constitute a waiver nor affect its right to enforce the same at a later time.

    14.4 The terms outlined in these Terms of Service and the Privacy Policy constitute the entire agreement and understanding of the parties concerning the Website and the Services and supersede any previous agreement, understanding, representation, undertaking, assurance, arrangement, or warranty, whether express or implied, of GNIUS or any person to the user in relation to the subject matter. The user irrevocably and unconditionally waives all claims, rights, remedies, or damages which, but for this Section, it might otherwise have had in relation to any of the foregoing.

    14.5 If any provision of this Terms of Service is found by any court, regulatory or administrative body of competent jurisdiction to be illegal, invalid, or unenforceable, and the provision in question is not of a fundamental nature to the Terms of Service as a whole, such provision shall be severed and the legality, validity, and enforceability of the remainder of the Terms of Service (including the remainder of the provision which contains the relevant provision) shall not be affected.

PRIVACY POLICY (PDPA)

A. INTRODUCTION

A.1. This Privacy Policy sets out the policy and procedures in relation to the collection, use, storage, security, and disclosure of personal information, including sensitive personal information by, or for Gnius Sdn. Bhd. in compliance with the Personal Data Protection Act 2010 (“PDPA”).

A.2. This Privacy Policy may be varied, amended, or updated from time to time at Gnius Sdn. Bhd’s sole discretion. We encourage you to regularly check our corporate website and/or the digital learning platform for any changes to our Privacy Policy. The continual usage of the digital learning platform after any variation, amendment, or update in this Privacy Policy will constitute your acceptance of the changes to the Privacy Policy.

B. PERSONAL DATA COLLECTION

B.1. The “Personal Data” that Gnius Sdn. Bhd. may collect and hold, including without limitation, information and data such as full name, postal and email address, NRIC number, age, other contact details, identification details, gender, nationality and race, education information, bank account information, and other information relevant to providing you with our services or communication with you. You agree that you grant us unrestricted access to the Personal Data provided herein.

B.2. it is obligatory for you to provide us with the Personal Data for you to register an account, subscribe, and access our services. Should you fail to provide complete Personal Data as requested, we may not be able to process your account registration and/or provide you with our services.

B.3. In addition to the Personal Data that you provided to us directly, we may also collect your Personal Data from various sources, including without limitation, from public sources, information obtained from third parties through lawful sources, or at events organised or participated by us.

B.4. For general web browsing, although no Personal Data is revealed to us, certain technical and statistical information is available to us via our internet service provider such as cookies, your IP address, the time, date, and duration of your visit to our website and/or digital platform.

B.5. With respect to the Personal Data of third parties provided by you to us (including without limitation to your spouse, children, parents, and/or dependant), you warrant that you have obtained their consent allowing us to process their Personal Data.

B.6. You are responsible for ensuring that the Personal Data you provide to us is accurate, complete, and not misleading and that such Personal Data is kept up to date.

C. USE AND PROCESSING OF PERSONAL DATA

C.1. By registering and subscribing to our service, you hereby agree and consent to us using and processing your Personal Data provided to us, in the manner and for the purposes as described below:

  • For verification of your identity and/or information;
  • For creation and registration of your personal account on our platform;
  • For the delivery of notices, user support, or services to you and for our communication with you;
  • For the conduct of marketing activities (including without limitation to market research and analysis);
  • For the preparation of documents, videos, seminars, and/or events for or in relation to our websites, platform, and services;
  • To comply with any legal or regulatory obligations under the applicable laws, regulations, guidelines, or industry codes that apply to us;
  • To produce data, reports, and statistics which shall be anonymised or aggregated in a manner that does not identify you as an individual;
  • For any investigation, response, or settlement of any dispute or defend any claims made against or involving Gnius Sdn. Bhd.
  • For our legal, administrative, and/or operational purposes; and
  • For any other purpose that is required or permitted by any law, regulations, guidelines, and/or relevant regulatory authorities.
  • Data used to improve user experience or product offerings on GNIUS
  • Data used to provide guided learning or suggestions to help users improve their scores on GNIUS

C.2. It is voluntary for you to supply your Personal Data to us. However, if you do not wish to provide your Personal Data, we may not be able to:

  • provide you with the services that you require or complete your registration and access to our platform;
  • communicate effectively with you; and
  • provide user support effectively to you

C.3. We may use the Personal Data provided for other purposes such as:

  • to send you information on customer survey forms or questionnaires; and
  • to send you material such as season greeting cards, newsletters, articles, write-ups, and other updates, distribute information about events, conferences, talks, seminars, courses, or services that may be of interest to you unless you have indicated that you do not wish to receive such materials in written form via contact points as stated in Clause F.1.

D. SECURITY AND DISCLOSURE OF YOUR PERSONAL INFORMATION

D.1. We will take reasonable steps to protect any Personal Data we receive from you from misuse and loss and unauthorised access, modification, or disclosure except for the purpose set out in Clauses C above. We may hold your information or retain third parties to hold that information on our behalf. Where required by applicable laws, the Personal Data will be destroyed or de-identified when no longer needed.

D.2. Your Personal Data provided to us or obtained by us shall be kept confidential by us. However, we may require or need to disclose information about you to the following third parties, where applicable:

  • our holdings company, subsidiaries, related or affiliated companies including those incorporated in the future.
  • our authorised personnel or representatives, employees, auditors, advisers, consultants, professional firms or entities;
  • companies, organisations, and/or entities that act as our agents, contractors, services providers, insurance, business partners and affiliates, joint ventures, and/or professional advisers;
  • law enforcement agencies and/or regulators;
  • government agencies; and
  • other parties in respect of whom you have given your express or implied consent;

E. ACCESS AND CORRECTION

E.1. You may request access to any Personal Information we hold about you or any third party whose Personal Data you had provided at any time by contacting us via the contact point as stated in Clause F1 below or via our platform. Where we hold information that you are entitled to access, we will endeavour to provide you with suitable means of accessing it.

E.2. If you believe that the Personal Data we hold about you is incorrect, incomplete, inaccurate misleading, or not up-to-date, then you may request for the amendment of it. We will consider if the information requires amendment.

E.3. In accordance with the PDPA, and to the extent not limited by any other applicable law, we may refuse to comply with your request for access or correction to the Personal Information and give you a valid reason for our refusal.

F. CONTACTING US

F.1. If you have any questions or comments about our Privacy Policy or our administration of the Personal Data, please contact us at [email protected].