These general terms and conditions shall govern the rights and obligations of the Member and the Company in respect of the Benefits provided.
1. Membership Contract
1.1 The parties hereby agree that the Application and these General Terms and Conditions shall form a binding contract between the Company and the Member.
2.1 Upon payment of the Membership Fee, the Member shall be entitled to the 12 Months/24 Months Mastermind Access as described in the payment gateway webpage (“Benefits”).
2.2 Upon being granted access to the Benefits of the Program, the Member shall be deemed to enjoy/have enjoyed the Benefits on a monthly basis whether or not the Member uses or accesses the same.
2.3 Upon subscription of the Membership, the Company may, but shall not be obliged to, offer to the Member the bonuses as described in the payment gateway webpage (“Value Added Benefits”) and may from time to time and at its absolute discretion cease to offer the said benefits or any of the said benefits with a thirty-day notice or replace the Value-Added Benefits with other Benefits, the Company deems fit.
3. Membership Fee
3.1 The Member shall pay the Membership Fee in the sum corresponding to the mode of payment as described in the payment gateway webpage or as may otherwise be provided by the Company.
3.2 The Membership Fee shall be deemed to be prorated over the 12 months/24 months period.
3.3 In the event that the Member opts for the instalment plan as stipulated in the payment gateway webpage, the Benefits shall be released to the Member progressively.
3.4 To be eligible for any of the Bonus or Value-Added Benefits, a minimum sum of at least 35% of the Membership Fee shall have been paid by the Member and where such Bonus or Value Added Benefits have been accessed, such sum shall have been deemed to have been incurred and shall not be refundable. By way of example if Member wishes to access the “Mind Control Masterclass”, Member must pay a minimum of 35% of the Membership Fee and if Member wants to unlock 2 of the Bonus/ Value-Added Benefits, a minimum sum equivalent to 70% of the Membership Fee must have been paid.
3.5 Member agrees that once a Bonus or Value-Added Service is accessed, a minimum of 35% of the Membership Fee shall be payable and/or deemed payable by the Member.
3.6 In the event the Member fails to pay any Instalment on its due date, without prejudice to any other rights available to the Company, the Company shall be entitled to freeze the Membership and suspend the Member’s access to the Benefits until the relevant Instalment/portion of the Membership Fee which is then due and payable has been fully settled.
4. Term and Termination
4.1 It is hereby agreed that the Membership shall be valid for the period 12 months/24 months from the date of the submission of the application and the payment of the Membership Fee, unless and until terminated in accordance with the terms herein.
4.2 In the event that the Member fails to pay any amount when due, without prejudice to its rights to suspend the Benefits, the Company may give a notice in writing requiring the Member to remedy the breach.
4.3 If the Member fails to do so within thirty (30) days from the date of the written notice, the Company shall be entitled to forthwith terminate this Contract by giving a written notice to the Member.
4.4 Upon termination of this Contract, the Company shall be entitled to all monies paid under this Contract in proportion to the number of months for which the services have been deemed to have been provided or the fee for Bonus / Value Added Benefits (where applicable), whichever is higher and the Company shall not be obliged to continue to provide the Benefits. The Company shall be entitled to charge the Member any and all taxes and actual disbursements incurred by the Company in relation to this Membership Contract including to but not limited to expenses for the payment gateway and SST.
4.5 The Member may terminate this Contract by giving an advance written notice of thirty (30) days to the Company whereupon Clause 4.4 shall apply. The Company shall be entitled to charge a termination fee in the following manner and shall refund the balance of the monies received to the Member:
|(1) Time of Termination (“TT”)
|(2) Proportion of Membership Fee payable
|(3) Minimum Proportion of Membership Fee payable if access already granted to Bonus/Value Added Benefits
|Within the first 7 days from the Commencement Date where no Bonus/Value Added Benefits have been accessed
|5% of the Membership Fee and all taxes and actual disbursements incurred by the Company in relation to this Membership Contract including to but not limited to expenses for the payment gateway and SST
|Within the first 7 days from the Commencement Date where Bonus/Value Added Benefits have been accessed
|All taxes and actual disbursements incurred by the Company in relation to this Membership Contract including to but not limited to expenses for the payment gateway and SST
|35% for each Bonus Benefits accessed
|At any time after the first 7 days from Commencement Date
|The Membership Fee shall be payable for the number of months elapsed from the Commencement Date until Time of Termination plus 35% for each Bonus Benefits accessed subject to a minimum of 5% of the Membership Fee and also all taxes and actual disbursements incurred by the Company in relation to this Membership Contract including to but not limited to expenses for the payment gateway and SST
|35% for each Bonus Benefits accessed
5.1 To the extent permitted by law and except as set out in this Contract, the Company excludes all express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the Membership and any benefits that the Company or its partners may provide.
5.2 The Company shall not be liable for any damage to, or loss of, the personal belongings of the Member whilst the Member attends any premises of the Company or any event organised by the Company.
5.3 The Member shall not be entitled to claim against the Company whether in contract, tort (including negligence), breach of statutory duty, or otherwise for any indirect losses, consequential losses or damage, loss of data, loss of profit and loss of revenue or business (whether direct or indirect), howsoever caused, even if foreseeable.
5.4 The Company’s total liability to the Member in respect of any loss or damage whatsoever and howsoever arising shall not exceed the Membership Fee.
5.5 Nothing in these terms shall limit or exclude the liabilities of the Company for death, personal injury or any other liability attributable to the Company which is not legally permissible to be excluded.
6.1 To the fullest extent permitted by applicable laws, the Member shall indemnify the Company against all claims by third parties and resulting liabilities, losses, damages, costs and expenses arising out of the third party’s use of or reliance on the Materials (as herein defined) disclosed to it by or through the Member.
7. Intellectual Property Right
7.1 The Company may use data, software, designs, utilities, tools, models, systems and other methodologies and know-how (“Materials”) that the Company owns in performing the Benefits. Notwithstanding the Benefits provided, the Company retains all intellectual property rights in the Materials (including any improvements or knowledge developed while performing the Benefits), and in any working papers compiled in connection with the Benefits.
8.1 Member shall not during the subsistence of this Contract or at any time thereafter use or disclose to any person any information provided by or on behalf of the Company that may be reasonably regarded or understood to be treated as confidential and/or proprietary.
8.2 Member undertakes to ensure that all persons or bodies to whom Member discloses any confidential information pursuant to Clause 8.1 above are made aware, prior to disclosure, of the confidential nature of such information and that they owe a duty of confidence to the disclosing party and to use all reasonable endeavours to ensure that such persons and bodies comply with the provisions of this Clause. Nothing in this Clause shall extend to information or knowledge which is at the relevant time within the public domain (otherwise than by reason of its wrongful disclosure) or which by law is required to be disclosed. This clause shall continue in force for a period of five (5) years from the date of termination of this Contract or expiry of the Membership.
9. Data Protection
9.1 In connection with this Contract, the Member shall provide his personal data to the Company in accordance with any applicable data protection laws and regulations.
9.2 In respect of any personal data shared with the Company, the Member confirms that the Member has granted approval for the Company to use and transfer it in accordance with the Contract.
9.3 The Member further agrees that the Company or any third party providing Benefits on behalf of the Company may collect, use, process and transfer personal data of the Member to other service providers (who may be located in other territories).
9.4 The Member acknowledges and consents to the Company processing, collecting and using his personal data for the following purposes:
a. Processing, administering and managing the Membership;
b. Processing any transactions or payments made by the Member and to maintain payment records;
c. Contacting or communicating with the Member via telephone call, text messages, email and/or postal mail for the purpose of processing, administering and managing the Membership and any future programme as may be organised by the Company;
d. For publicity purposes and conducting research, analysis and development activities to improve the Programme;
e. Complying with any applicable law, regulation, legal process or government request;
f. Storing, hosting and/or backing up (whether for disaster recovery or otherwise) the personal data, whether within or outside Malaysia.
9.5 The following additional terms apply to the processing of EEA personal data if you have informed us that any personal data shared with us is EEA personal data:
“EEA personal data” means any personal data relating to a natural living person in the EEA who can be directly or indirectly identified;
“EEA” refers to the European Economic Area
b. Where the Company acts as a controller, the Company may process personal data for any of the purposes set out this Contract;
c. Where the Company act as processor in relation to the personal data of the Member, the Company will: (i) process it only on the lawful written instructions of the Member; (ii) implement appropriate measures designed to ensure its security, including by imposing confidentiality obligations on relevant personnel; (iii) transfer it only to sub-processors under a written contract which imposes obligations consistent with those in this clause and the Member shall authorise the Company to transfer his personal data to the Company; and (iv) notify the Member without undue delay after becoming aware of a data breach in respect of any EEA personal data;
d. Where recipients are located outside the EEA, the Company will carry out such transfers only where the Company has a lawful basis to do so.
10.1 Nothing in this Contract is intended to, or shall be deemed to, constitute a partnership, agency or joint venture of any kind between the Member and the Company.
11.1 Membership is personal to the Member and no right, benefit, interest or obligation under this Contract may be assigned or transferred by the Member without the prior written consent of the Company.
12.1 Any notice required to be made by any party shall be in writing and such notice shall be deemed to have been sufficiently served on the parties to the Contract if it is served by hand or by email or by other electronic means or sent by registered post or by facsimile to the usual or last known address of the parties or to the address of the parties above stated.
12.2 Any such notice or communication shall be deemed to have been served:
a. If delivered by hand, at the time of delivery;
b. If delivered by email or other electronic means, when it appears in the sender’s device as “Sent” and there is no notification of non-delivery of such email;
c. If posted by registered post, at the expiration of three (3) days after the same has been put to post; or
d. If sent by facsimile, upon receipt by the sender of the confirmation note indicating that the notice or communication has been sent in full to the recipient’s facsimile machine, or such other similar medium of receipt.
13. Force Majeure
13.1 Neither party shall be liable or responsible for any breach of this Contract (other than payment obligations) that is caused by circumstances beyond the control of the parties and which shall include but not be limited to acts of god, acts of war, hostilities, riot, civil commotion or unrest, military action, insurrection, flood, epidemic, fire, tsunami, explosion, embargo, blockade, any regulations implemented by the Government of Malaysia or public authority and terrorists’ acts.
14. Governing Law and Dispute Resolution
14.1 This Contract shall be governed by the laws of Malaysia. The parties hereby agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
15.1 This Contract constitutes the entire agreement between the Member and the Company as to the Benefits provided, and supersedes all prior agreements, understanding and representations with respect thereto.
15.2 If any provision of this Contract is held to be illegal, invalid or otherwise unenforceable, the other provisions shall remain in full force and effect.
15.3 Except to the extent the context otherwise requires:
a. the expression Ringgit Malaysia and the abbreviation “RM” shall mean the lawful currency of Malaysia;
b. reference to numbers and monetary figures or value shall include any portion or fraction or undivided portion thereof;
c. headings are for convenience only and shall not affect the interpretation hereof and shall not be taken and construed as essential part of the Contract;
d. words importing the singular meaning where the context so admits include the plural meaning and vice versa;
e. no rule of construction or interpretation otherwise requiring this Contract to be construed or interpreted to the disadvantage of a party because that party was responsible for the preparation of the Contract; and
f. reference to any agreement or document shall be deemed to include references to such agreement or document as amended, novated, supplemented, varied or substituted in writing from time to time.