Welcome to the web site of Edsentral.com operated by [ZOHL Consultancy Sdn Bhd] (the “Company”). This web site (the “Web Site”) provides general information about the Company.
1. USE OF THE WEB SITE
The Web Site may contain forums, blogs, bulletin board services, live chat areas, videos, message boards, news groups, communities, personal web pages, calendars, and/or other message, e-learning materials, or communication facilities designed to allow you to communicate with the Internet community, a group, or with an individual.
You agree to use the Web Site only for lawful purposes.
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an individual or affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business, except that teachers/trainers/educators using the Web Site are permitted to upload video and other content describing and promoting their course/e-learning content, and/or the work of their company; (6) restrict or inhibit use of the Web Site by others, including disrupting the normal flow of dialogue, causing a screen to scroll faster than other users are able to type, or otherwise acting in a way which affects the ability of other people to engage in real time activities via the Web Site; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; (11) advocate illegal activity or discuss an intent to commit an illegal act; (12) seek to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (13) disobey any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of the Web Site or any networks connected to the Web Site; (14) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded; (15) post or transmit any content that constitutes a trade secret of another individual or company; or (16) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by the Company, may harm the Company or users of the Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chat room or any other publicly available section of the Web Site (including password-protected areas), and all articles, videos, blog entries and responses to questions, other than the content provided by the Company, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of the Company. You understand and acknowledge that you are responsible for whatever content you submit, and you, not the Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own, is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to the Company the right to use all content you upload or otherwise transmit to the Web Site in any manner the Company chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) To access the Web Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Web Site that all the information you provide on the Web Site will be correct, current and complete.
(d) All users must agree to the terms and conditions as part of the sign-in process to access the Web Site. Failure to sign a waiver will bar a user from using or accessing the Web Site.
(e) The Company reserves the right, but does not assume any responsibility, to (1) remove any material, including content submitted by compensated bloggers/teachers/trainers/educators, posted on the Web Site which the Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material the Company has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Web Site or membership. However, the Company can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. The Company reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, the Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(f) Your failure to comply with the provisions of (a), (b), (c), or (d) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.
2. MEMBERSHIP TO THE WEB SITE
(a) Prospective Students/Participants: Prospective Students/Participants will need to register with the Web Site. There is no expiry date on the registration. However, the Students/Participants can cancel their registration at any time by doing so at their personal Dashboard.
(b) Prospective Teachers/Trainers/Educators: Prospective Teachers/Trainers/Educators will need to register with the Web Site. There is currently no charge for Prospective Teachers/Trainers/Educators to register and use the Services. However, the Company reserves the right to charge at any time. The published rate by the Teachers/Trainers/Educators, however, is subject to Revenue Sharing scheme agreeable by both parties, i.e., the Company and Teachers/Trainers/Educators.
3. FEATURES OF THE WEB SITE
The Web Site has several resources and functions that members can access and use, as they seek an online learning experience to broaden their knowledge on myriad of topics.
(a) Posting an e-Learning Content: Teachers/Trainers/Educators will have the ability to post/upload e-learning content containing video(s), and other information. The Students/Participants will have the ability to subscribe to any of the offered e-learning courses and start their lessons upon receipt of payments.
(b) Registration for Courses: Students/Participants of the Web Site will have the ability to search for available courses and submit applications to register for the selected course(s). Additionally, Students/Participants can track the status of their registrations and view their track record over previous courses taken.
(c) Information on Teachers/Trainers/Educators: The Web Site will include Teachers/Trainers/Educators profiles to allow Students/Participants to make informed decisions regarding their choice(s) of the course(s).
(d) Tips: The Web Site will display short educational and entertaining videos to provide tips and information about featured courses or webinars including but not limited to interviews with noteworthy figures, explanations of key terms, players and concepts. The Web Site will also provide widgets and tools to aid Students/Participants while taking their courses. Such tools include but are not limited to, practical exercises, Quizzes on key information within their registered course(s), and Teachers/Trainers/Educators feedback.
(e) Blogs: The Company compensates bloggers to submit content relevant to featured industries and/or courses/categories.
(f) Extensive Course Builder – edsentral comes with a revolutionary drag & drop system to create resourceful courses. It’s rich yet simple.
(g) Advanced Quiz Creator – the rich quiz creation options in edsentral enable you to select question patterns, set time limits, and more.
(h) Frontend Course Builder – edsentral allows you to create quizzes, add multiple instructors & get all the backend options right on the frontend.
(i) Easy eLearning Management – edsentral helps you stay in charge of all your courses. Managing your eLearning platform is incredibly easy with edsentral.
(j) Reports & Analytics – analyze your course performance with its filterable stats generated automatically. edsentral makes complex assessments go simple.
(k) Withdrawal Options – manage withdrawals of all earnings from the thorough & sorted out processes in edsentral withdraw settings.
(l) Earning & Commission Allocation – earning & commission allocation options are built inside edsentral. You can distribute commission, set commission percentage, deduct fees, and manage the entire process!
4. DIGITAL PROFILE AND EDUCATIONAL VIDEO CONTENT
Teachers/Trainers/Educators will have full control over the privacy of their video and digital profile contents. Teachers/Trainers/Educators can make their profile and educational video content completely public or they can limit access to only certain individuals, such as prospective employers. Moreover, Teachers/Trainers/Educators can separate their privacy preferences, such as keeping their profile public while the video content remains private. Teachers/Trainers/Educators are responsible for their own privacy settings, and the Company is not responsible for users failing to set or change the privacy controls.
Additionally, edsentral platform will allow users to rank, vote and provide feedback on the video content.
The Web Site has a manage platform that can be used to facilitate communication between the Students/Participants and the Teachers/Trainers/Educators over the course of the online training. By offering the manage platform, the Company is merely acting as an intermediary is not a party to any communications between Teachers/Trainers/Educators and Students/Participants. The Company is not responsible and shall not be liable for any errors or miscommunications between the Teachers/Trainers/Educators and Students/Participants.
6. TERMINATION OR RESTRICTION OF ACCESS
7. COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of the Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to the Company or its affiliates or licensors and are protected by Malaysia and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Web Site for personal use or legitimate business purposes related to your role as a current or prospective students/participants, Teachers/Trainers/Educators or vendor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of the Company, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with the Company or the applicable owner of such content. Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (d) any part of the Web Site, (e) access to the Web Site or (f) use of the Web Site or of any services or materials available through the Web Site.
8. TRADEMARKS AND PROPRIETARY INFORMATION
The Company name, the terms “Mindset Discovery Center,” “MDC” and “edsentral,” the Company logo, and copyrighted works on the Web Site, and all related names, logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates. You may not use such marks without the prior written permission of the Company. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provided trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.
9. COMPLIANCE WITH EDUCATION AND HUMAN RESOURCE LAWS
The Company is not an education institution either of higher learning, primary, or secondary school. The Company makes no representations or guarantees regarding the effectiveness or timeliness of the Web Site in meeting educational objectives of prospective Students/Participants or their employers. The Company does not guarantee that utilizing the Web Site will lead to employment or job interviews for prospective Students/Participants, or the identification of qualified or suitable applicants for employers.
The Company does not screen employers for the suitability of the placement of Students/Participants. The Company shall not be liable for the experience of Students/Participants while placed within an employer after taking courses via the Web Site. Nor will the Company be liable for any miscommunications, missed tasks or other issues that arise while using the Web Site’s manage platform.
Teachers/Trainers/Educators, Students/Participants, and any other users (“Users”) using the Web Site agree to indemnify and hold harmless the Company and its officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors, contractors and others involved in the Web Site or the delivery of products, services or information over the Web Site (collectively, the “Indemnified Parties”), from and against any losses, damages, judgments, awards, costs, expenses and attorneys’ fees arising out of or relating to Users’ failure or alleged failure to comply with any Education and Employment Laws. Users using the Web Site further agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of or relating to Users’ failure or alleged failure to comply with any Education and Employment Laws.
You understand and agree that no joint venture, partnership, employment or agency relationship exists between you and Company as a result of this Agreement or use of the Web Site, regardless of whether you find employment after taking online courses or e-learning programs through the Web Site.
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily accurate, complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by the Company.
YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEB SITE OR THE CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
All of the information in the Web Site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on the Web Site, and the Company does not undertake any obligation to update such information after it is posted or to remove such information from the Web Site if it is not, or is no longer accurate or complete.
11. LIABILITY OF THE COMPANY AND ITS LICENSORS
The Company does not assume any liability for the Content provided on, or available through, the Web Site, including all materials, information, opinions, videos, tips, blog entries or any other posted content. Reliance on the Content is solely at your own risk. The Company disclaims any liability for injury or damages resulting from the use of any Content.
IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE CONTENT OR SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF RM100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE PRECEDING TWELVE (12) MONTHS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
13. PRIVACY, PROTECTION OF PERSONAL INFORMATION AND SECURITY
14. DEALINGS WITH THIRD PARTIES
If you choose to correspond, participate in a promotion or engage in transactions with any merchant, employer, student, or other third person found on or through the Web Site, you acknowledge and agree that the Company is not a party to, and will not be responsible for, your interaction with such third party, including its treatment of your information and the terms and conditions applicable to any transaction between you and the third party. The terms of your interaction with any third party are solely between you and such third party. You agree that the Company will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such third parties on the Web Site. The Company makes no representations or warranties with relation to correspondences with third parties and shall not be responsible for failure of the third party or you to receive materials communicated in this fashion for any reason whatsoever.
15. COMMENTS AND SUBMISSIONS
The Company welcomes your comments. All comments, suggestions or other information sent by you to the Web Site for internal use by the Company or its advertisers or business partners in response to solicitations on the Web Site will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company. You understand that any postings, or content submitted for posting, to publicly available portions of the Web Site are non confidential for all purposes.
16. HYPERLINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Web Site may be hyperlinked to other sites which are not maintained by, or related to, the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Web Site or the Company. The Company has not reviewed any or all of such sites and is not responsible for the content of those sites. The Company is not responsible for webcasting or any other form of transmission received from any hyperlinked site. The Company is not responsible for and does not endorse the content, products, services or practices of any third-party web sites, including, without limitation, sites framed within the Web Site or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such web sites.
17. COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with written notice detailing the possible infringement.
The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached at 013.231.1038
18. TRADE SECRETS
If you believe any of your or your company’s confidential information or information protected by the trade secret laws of Malaysia have been posted on the Web Site, please notify the Company at M2-15-02, Level 15, 8trium Tower 2, Jalan Cempaka SD 12/5, Bandar Sri Damansara, 52200 Kuala Lumpur, with details of what information you believe is confidential or protected and where it is located on the Web Site. The Company will investigate all such matters in a reasonable amount of time and remove any information it deems confidential or proprietary to an individual or company.
The owner of the Web Site is based in Kuala Lumpur, Wilayah Persekutuan, Malaysia. The Company makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or use of the Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notwithstanding the foregoing, any additional terms and conditions on the Web Site will govern the items to which they pertain.