1. INTRODUCTION
1.1. Applicability. These general terms and conditions of use ("General Terms") apply to the use of applications made and/or offered by SK Education Sdn Bhd (Company No. 1200806-P), that you may download and install on supported operating systems and/or devices (collectively referred to as "Apps"). For the avoidance of doubt, all references to the “Wekie Education”, “we”, “us” and “our” refer collectively to the SK Education Sdn Bhd and all its subsidiaries and related companies.
1.2. Programmes. Wekie Education provides thoughtfully crafted learning programmes (“Programmes”) to young students (individually or collectively referred to as “Student”).
1.3. Wekie Account. You have the option to sign up to be a registered user of Apps ("Wekie Account"), using the application forms made available by Wekie Education. Your Wekie Account will enable access and use, and be enabled for use, on the Apps. In particular, your Wekie Account:
a. allows you to view the details of the Student who you are given authorization(s) to;
b. allows you to make payments to Wekie Education via our authorized payment gateway;
c. allows you to view the inventory record(s) for the Student;
d. allows you to view and retrieve payment receipts and/or records;
e. allows you to receive notice(s), update(s) and/or newsletters on Wekie Education as well as the Programmes;
f. enrols you, and allows you, to participate in Wekie Education's rewards programme; and/or
g. any other functions that may introduced by Wekie Education from time to time.
1.4. By accessing or using the Apps, you agree to be bound by these General Terms as well as any other policies, rules and regulations that may be imposed and/or required by Wekie Education from time to time.
1.5. Amendments. These General Terms may be amended by Wekie Education from time to time. Such amendments may be posted on our website at www.wekie.edu.my (“the Site”) or on any of the other sites owned and/or operated by the Wekie Education. You are responsible for being aware of such changes, and your continued use of the Apps shall be deemed and construed as your conclusive and binding acceptance of the amended terms. If you do not accept any amendment to the General Terms, please contact us.
2. ELIGIBILITY
2.1 Wekie Education reserves the right, in its sole discretion, to determine whether any particular individual is eligible to use the Apps, and to accept and/or reject any application for Wekie Account.
3. USER ACCOUNT
3.1. In respect of your Wekie Account:
a. you warrant that all information provided by you, including all information provided in the application form(s) is true, correct and complete;
b. you warrant that you have the capacity and power to enter into this Agreement and use the services provided on the Apps; and
c. shall keep all of the information that you have provided updated, accurate and complete.
3.2. You must keep the Wekie Account and information related to your Wekie Account (such as your login identification, password, security question, and/or any pin numbers) confidential, safe and secure. You are solely responsible for maintaining the confidentiality and security of your account and for all activities that occur on or through your account, and you agree to immediately notify Wekie Education of any security breach of your account. Wekie Education shall not be responsible for any losses arising out of the unauthorised use of your account at any time. In particular, you must not:
a. disclose your Wekie Account identification or password to any other party; or
b. allow any other party to use or share your Wekie Account.
3.3. Wekie Education may decline and refuse registrations at its sole discretion and for any reason without the need to give any reason to you or any third party.
3.4. Other users will be similarly responsible for all use of their respective Wekie Accounts. Without affecting any limitation or exclusion of liability elsewhere in this Agreement, Wekie Education will not be responsible or liable, directly or indirectly, for any damage or loss sustained by you or any other party whatsoever and howsoever caused by or in connection with any use made by other users of their respective registered accounts.
4. GRANT
4.1. Subject to these General Terms, Wekie Education grants you a non-exclusive, non-transferable, revocable right to use the Apps for your personal and non-commercial use only.
5. PAYMENT
5.1. You may make payments for the Student’s Programmes fees, applications fees, payments for materials and tools which shall be purchased by each individual Student, event registration fees and/or all other related payments pertaining to the Programmes (collectively hereinafter referred to as “the Fee”) via our authorized payment gateway. For avoidance of doubt, the authorized payment gateway is a payment platform that is offered by a third party service provider.
5.2. Time of payment. You are liable to pay for the Fee and at such times that Wekie Education may determine from time to time. Payment for the Fee will be billed in advance at monthly intervals or such intervals as may be determined by Wekie Education. All fees are due and payable as soon as the bill is issued and must be settled by the payment date stated on the bill.
5.3. Disputes. In the absence of fraud or manifest error, and subject to this clause, Wekie Education may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. If you wish to reasonably dispute any amount in the bill, you may withhold payment for such disputed amounts if you inform us in writing prior to the payment date shown on the bill. Otherwise, you are liable to pay us all the charges stated in the bill. For avoidance of doubt, your transaction(s) for any payments of the Fee will only be deemed complete after the monies are received by us.
5.4. Your responsibilities. For the avoidance of doubt, you are responsible for:
a. the timely payment of all fees, without any counterclaim, deduction, set off or withholding whatsoever;
b. ensuring and confirming that the payment method that is being used is yours, or that you have been specifically authorized by the owner of the credit card (or other payment method) to use it;
c. providing Wekie Education with a valid payment account details for payment of all fees, keeping Wekie Education up to date on any changes (if applicable);
d. complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments.
6. CONTENT AND INTELLECTUAL PROPERTY
6.1. Wekie Education Content. All of the:
a. content (including without limitation all text, photographs, graphics, video and audio content) located on the Apps);
b. compilation(s) (meaning the collection, arrangement and assembly) of all content on the Apps; and
c. software used on the Apps;
is the property of SK Education Sdn Bhd, its related companies, its content suppliers and/or its software suppliers, and protected by Malaysia and international intellectual property laws (including without limitation copyright and trademark laws).
6.2. All rights in and to the foregoing are reserved by SK Education Sdn Bhd, its related companies, its content suppliers and/or its software suppliers, and save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Apps for any purpose.
6.3. Without limiting the foregoing provisions, you shall not make use of the content of the Apps in any manner that constitutes an infringement of SK Education Sdn Bhd’s, its related companies’, its content suppliers’, and/or its software suppliers’, rights (including copyright).
6.4. Trade marks. The names, trademarks, service marks and logos (the "Trade Marks") displayed on the Apps are registered or unregistered Trade Marks of SK Education Sdn Bhd, its related companies, its content suppliers, and/or its software suppliers. Nothing on the Apps or the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trade Marks. Wekie Education prohibits use of the Trade Marks as a "hot" link or in-link to any Site or other site unless establishment of such a link is approved in advance by Wekie Education in writing.
6.5. User Submitted Content. Wekie Education or the relevant Wekie Education company may provide facilities on the Apps to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content ("Your Information") to Wekie Education or to the Site and/or Services directly. You are solely responsible for Your Information, and Wekie Education and/or the relevant Wekie Education company acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
a. Your Information (or any materials contained therein) shall not:
i. be false, fraudulent, inaccurate or misleading;
ii. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
iii. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
iv. be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;
v. be obscene or contain child pornography or anything adult in nature or harmful to minors;
vi. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
vii. create liability for any company in the Wekie Education or cause any company in the Wekie Education to lose (in whole or in part) the services of its ISPs or other suppliers.
b. You may not submit any of Your Information if Your Information or the submission thereof could cause any company in the Wekie Education to violate any applicable law, statute, ordinance or regulation.
c. You hereby grant the Wekie Education a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
d. You shall not assume a false identity or the identity of some other member when using the Apps or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Apps; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Apps for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
6.6. Feedback. Your Information may contain information that can, directly or indirectly, be used to improve the whole or part of any Apps ("Feedback"). Feedback may include suggestions, comments, ideas, or survey responses. The Wekie Education shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit and without obligation or restriction of any kind to you.
6.7. Removal of Your Information. The Wekie Education shall have the right, but not the obligation, to monitor the content on the Apps and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. The Wekie Education shall have the right to remove any material (including Your information) submitted to or posted on the Apps. Without limitation to the foregoing, The Wekie Education shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.
6.8. Participation. You agree and acknowledge that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities, including but not limited to third party sites, applications and/or facilities which may be linked to the Apps (collectively "Communities") are public and not private communications, and that, therefore, others may read your communications without your knowledge. The Wekie Education does not control or endorse the content, messages or information found in any Community, and, therefore, it specifically disclaims any liability concerning the Communities and any actions resulting from your participation in any Community, including any objectionable content. Generally, any communication which you or any other person posts to the Apps (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by the Wekie Education as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Apps, you grant the Wekie Education the right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose without territorial, time or other limitation.
7. USAGE RESTRICTIONS
7.1. Without prejudice to any restrictions set out elsewhere in the General Terms, the following restrictions shall apply to your use of the Apps. You MUST NOT, and you must not ATTEMPT to:
a. display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of the Apps or any Wekie Account(s);
b. communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of the Apps or any Wekie Account(s);
c. offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of the Apps or any Wekie Account(s);
d. hack, bypass or gain unauthorised access into any part of the Apps or any Wekie Account(s);
e. use any device, software or routine to interfere or attempt to interfere with the proper working of; or interfere with any other user’s access or use of any part of; the Apps or any Wekie Account(s); or impose any unreasonable or disproportionately large load on Wekie Education’s, its related companies’, and/or its service provider’s infrastructure;
f. use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of the Apps or any Wekie Account(s);
g. use any or any part of the Apps or any Wekie Account(s) for sending out unsolicited e-mails;
h. assume a false identity or the identity of some other registered user to access or use any or any part of the Apps or any Wekie Account(s); or
i. use any or any part of the Apps or any Wekie Account(s) in any way that
i. will or could violate, or that will or could result in any company in the Wekie Education violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
ii. cause any form of loss or damage to any company in the Wekie Education or any third party (including, without limitation, loss of reputation and goodwill);
iii. create any liability for any company in the Wekie Education; or
iv. cause any company in the Wekie Education to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
8. DISCLAIMERS
8.1. No warranty. The Apps are provided on an "AS IS WHERE IS" basis. No company in the Wekie Education makes any representation or warranty, express or implied (to the extent permitted by law):
a. as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of the Apps; and
b. that the use of the Apps will be uninterrupted and free of any viruses or bugs.
8.2. Access. No Wekie Education company shall be responsible for any connection or access to the Apps by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access the Apps, as well as any charges (such as Internet access charges) thereon.
8.3. Security. While the Wekie Education will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although the Wekie Education intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Apps, Wekie Education does not guarantee or warrant that the Apps or materials that may be downloaded from the Apps do not contain such destructive features. No Wekie Education company shall be liable for any damages or harm attributable to such features.
8.4. Third party conduct. You specifically acknowledge that no Wekie Education company is liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
8.5. LIMITATION OF LIABILITY. IN NO EVENT SHALL SK EDUCATION SDN BHD, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF THE APPS, CAUSED IN WHOLE BY WEKIE EDUCATION’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) INCLUDING BUT WITHOUT LIMITATIONS YOUR USE OF OR INABILITY TO ACCESS OR USE THE APPS. ANY CLAIM AGAINST WEKIE EDUCATION, ITS SUBSIDIARIES, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE APPS.
9. PERSONAL DATA
9.1. Your Privacy. Please read the Privacy Statement on the Site at https://wekie.edu.my/privacy-policy-2/ (“the Privacy Statement") as it describes the types of data we collect from you and your devices ("Data"), how we use your Data and the legal bases we have to process your Data. The Privacy Statement also describes how Wekie Education uses your content, which is your communications with others; postings submitted by you to Wekie Education via the Apps; and the files, photos, documents, audio, digital works, livestreams and videos that you upload, store, broadcast or share through the Apps. Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to Wekie Education’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement. In some cases, we will provide separate notice and request your consent as referenced in the Privacy Statement.
9.2. If you have any questions relating to the Wekie Education’s collection, use and disclosure of your personal data, please contact Wekie Education’s Manager at +6010-9489349 or at cs@wekie.edu.my.
10. SUSPENSION AND TERMINATION
10.1. Any company in the Wekie Education may suspend and/or terminate your use of and/or access to all or part of any Apps, the Site or Wekie Account, with or without notice to you, if in its sole discretion it determines that:
a. you have breached the terms of these General Terms or violated or acted inconsistently with the letter or spirit of these General Terms;
b. you have violated the rights of or any third party;
c. it reasonably suspects that you are using and/or allowing the Apps and/or Wekie Account(s) to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and Wekie Education will comply with the directions or guidelines issued by these authorities without further reference to you;
d. you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;
e. you pass away; or
f. for any other reason whatsoever.
10.2. Any Wekie Education company may modify or discontinue the Apps or the Site, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.
11. INDEMNITIES
11.1. You agree to defend and hold SK Education Sdn Bhd, its affiliates and related companies from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of the Apps or any breach of this Agreement. In addition, SK Education Sdn Bhd may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of the Apps, including informing any third party Wekie Education deems appropriate of such breach or use and/or disclosing your personal information to such third party.
12. GENERAL
12.1. Severability. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by any Wekie Education company with respect to any breach by you or others of any of the provisions of these General Terms of Service does not waive its right to act with respect to subsequent or similar breaches.
12.2. Governing laws and dispute resolution. These general terms and conditions shall be governed by the laws of Malaysia. You consent to submit to the exclusive jurisdiction of the Courts of Malaysia in any dispute relating to this Terms and Conditions.
13. Non-Refundable Policy
13.1. All tuition fees and other related fees (including but limited to registration fees, material fees and event fees) are non-refundable once paid. No refunds will be issued for missed classes, withdrawal from the program, or any other reason. The student acknowledges and agrees that by enrolling in the tuition program, they are committing to the entire program and are responsible for paying the full tuition fee, regardless of attendance or performance. In the event of cancellation or rescheduling of any classes, the tuition fee remains non-refundable and non-transferable. The Centre reserves the right to make changes to the program schedule or content at any time without prior notice.
14. Branches List
14.1. SK EDUCATION SDN. BHD.
14.2. SUPER KIDS TRANING CENTRE
14.3. NPLUS CARE CENTRE SDN. BHD.
14.4. PUSAT PERKEMBANGAN MINDA BRIGHT ABACUS