Terms of Service

  1. Introduction

    1.1 Ivory Ez2learn Sdn. Bhd. (hereinafter refers to as “us”, “our” or “IESB”) 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 IESB 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 IESB 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.

  3. 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 IESB express permission.

    3.2 Sign Up and Registration of Accounts

    3.2.1 You are required to register with IESB 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 IESB immediately of any actual or suspected unauthorised use of your account or any
    other breach of security. IESB 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 IESB and indemnify IESB 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. IESB 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. IESB 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.

  4. 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 IESB 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 IESB to maintain
    your account information and charge the subscription fees with the automatic renewal of your subscription
    to our Services. If IESB is unable to charge the subscription fees as authorised by you when you enrolledin a
    Recurring Subscription, IESB, 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 IESB 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 IESB 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, IESB
    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. IESB
    also will not entertain any application for refund pursuant to Section 4.3.1 above.

    4.3.3 IESB 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 IESB, up to the amount of
    the fees paid for your subscription to our Services. For the avoidance of doubt, IESB 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 IESB 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 IESB’s system or Platform.

    4.3.5 IESB 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 IESB has reasonable belief that the user has breached the Terms of Service,
    IESB 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 IESB has approved your application for cancellation of your subscription and refund of part of or all of
    the fees paid, IESB 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 IESB.

    4.3.8 All request for cancellation and refund received by IESB and all information provided therein is deemed
    to be authorised by the user. IESB 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 IESB.

  5. PROMOTIONAL CODES

    5.1 IESB 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 IESB 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 IESB 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 IESB 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.

  6. INTELLECTUAL PROPERTIES

    6.1 All Intellectual Properties* rights to the Platform and Services are and shall remain the exclusive property
    of IESB. 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 IESB 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.

  7. MAINTENANCE AND UPDATE

    7.1 IESB 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. IESB 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 IESB 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 IESB 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 IESB on the restoration of any features or content made unavailable by IESB therein nor shall
    have any right to bring any action or claim for any losses or damages against IESB for the removal or
    making unavailable any features of the Website and/or Services or any content therein.

  8. TERMINATION AND SUSPENSION

    8.1 IESB 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 IESB 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 IESB as a result of the violation or breach of Terms of Service, Privacy Notice or applicable
    law.

  9. INDEMNITY

    9.1 The user agrees to indemnify and keep indemnify IESB 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.

  10. 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 IESB on an “as is” and “as available” basis. Except as otherwise expressly provided
    herein, IESB disclaims all warranties of any kind, whether express, implied, or statutory.

    10.2 IESB 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.

  11. LIMITATION OF LIABILITY

    11.1 You acknowledge and agree that IESB 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 IESB 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 IESB to the user shall not exceed the amount
    paid by you for your subscription to the Services in the last six (6) months.

  12. 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 IESB shall have no
    liability or responsibility with respect thereto.

    12.2 IESB 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.

  13. GOVERNING LAW

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

  14. GENERAL PROVISIONS

    14.1 IESB 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 IESB 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 IESB 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.