DEFINITION

References to “Owners Circle” in this Terms and Conditions are references to Owners Circle Academy Sdn. Bhd.

References to “Owners Circle Academy” are references to the company’s digital academy under domain academy.ownerscircle.asia using Thinkific as the Learning Management System (LMS platform)

References to “Client” or “Clients” or “You” in this Terms and Conditions are references to you.

References to “we”, “our” or “us” in this Terms and Conditions are references to Owners Circle.

References to “investment” in this Terms and Conditions are references to the full payment for the Seminar Service

 

ENGAGEMENT

You have agreed to purchase the Seminar Services offered by us or our Partners/Speakers/Trainers online.

You hereby acknowledge and agree that you have read all the Terms and Conditions. This Terms of use represent a contract between you and us.


ACCOUNT TERMS

a) You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.

b) You acknowledge that Owners Circle Academy will use the email address you provide as the primary method of communication

c) You are responsible for keeping your password secure. Owners Circle Academy cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

d) You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your Thinkific account (“Course Content”). You must not transmit any worms or viruses or any code of a destructive nature.

e) A breach or violation of any term in the Terms of Service as determined in the sole discretion of Thinkific will result in an immediate termination of your services.


ACCOUNT ACTIVATION

1. The person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.

2. If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
3. The enrolment of the course entitles student to access the content for 1 year by default, unless otherwise stated by the organizer.


OWNERS CIRCLE ACADEMY RIGHTS

1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.

2. We reserve the right to refuse service to anyone for any reason at any time.

3. We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any OCA customer will result in immediate account termination.

5. Owners Circle Academy retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, the Academy reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.


COPYRIGHT

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Owners Circle Academy’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Owners Circle Academy at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.


CANCELLATION

We may cancel the Seminar Services for any reason whatsoever by written notice to you (including by electronic mail). You hereby and agree that in the event the Seminar Services are cancelled by us, you are only entitled to a refund of the payment which you have paid to us free of any interest and charges and that you shall not be entitled to claim against us for any other costs, expenses and losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation.

You further acknowledge that we shall have no further liability to you in respect of the cancellation


REFUNDS

You acknowledge that you shall not be entitled to and shall not claim a refund other than cancellation of the Seminar Service by us. You further acknowledge that this is an essential term of this agreement which we rely on. No refunds claims are allowed
b) For the avoidance of doubt, we shall not refund any sums to you as a result of your late arrival to, non- attendance of or withdrawal from, the Seminar Services.

COUPON CODE VALIDITY

INTELLECTUAL PROPERTY

We shall have all the rights, title and interest in all intellectual property used by us in performing the Seminar Services (subject to the rights of the presenters) and all intellectual property we may develop as a result of the performance of the Seminar Services.

In performing the Seminar Services for you, we do not transfer the title to you in any intellectual property and title to all – such intellectual property remains with us.

We grant you a proposal, non-exclusive, non-transferable, non-sub licensable, recoverable, license to use the materials strictly for personal, non-commercial purposes only. Any other use or exploitation of the Material is strictly prohibited and may result in criminal or civil action.

You may not:-

a) Alter any of our intellectual property or Materials; and/or

b) Use any recording device or record the Seminar; and/or

c) Sell the intellectual property or the Materials (“IP”) or supply the IP to any other third parties.


LIMITATION OF LIABILITY 

We:

a) Exclude all terms and conditions and warranties implied by custom, the general law or statute, or which cause any part of the agreement to be void (“Non-excludable condition”); and/or
Limit our liability to you for breach of an Non-excludable Condition to the total amount actually paid by you under this agreement; and/or

b) Limit our liability to you for any claim (whether arising in contract, tort, statute) for any loss or damage whatsoever suffered by you in relation to providing the opportunity to you to purchase the Seminar Services the total amount actually paid by you under this agreement; and/or

d) Exclude all liability for consequential damage (including but limited to, loss of revenue or loss of profit) suffered by you in any way relating to the revision of the opportunity for you to purchase the Seminar Services or your exercise of rights under this agreement; and/or

e) Shall not be liable to you for any loss of profits, loss of revenue or income, loss of business, loss of reputation, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of opportunity, loss of use, whether or not the type of loss was foreseen or reasonable foreseeable; or any special, indirect or consequential loss,

costs, damages, changes or expenses suffered by you.

f) You expressly understand and agree that Thinkific shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

g) In no event shall Thinkific or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Thinkific partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

h) Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

i) Thinkific does not warrant that the Service will be uninterrupted, timely, secure, or error-free.

j) Thinkific does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

k) Thinkific does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

l) In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the Thinkific Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.


FORCE MAJEURE 

If the provision of Seminar Services as contemplated by this Agreement are prevented or cancelled because of an Act of God, inevitable accident, fire, blackout, flood or any other clarity, or if by reason of pandemics, riots, strikes or lockouts, or any other events beyond the direct control of Owners Circle, we may at our option postpone the delivery of the Seminar Services from the original schedule and you are not entitled to claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such postponement.


INDEMNIFICATION  

You agree to accept full responsibility of your purchase, participation and/or the outcome of any decision made after attending any Owners Circle or affiliated Seminars or events. Owners Circle and its affiliated entities, associates and any of its representatives accept neither responsibility nor liability nor will it indemnify you for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by as a result of these decisions.

You agree that any purchase decisions are not influenced by any prior relationship or dealings with Owners Circle or any of its officers, directors, employees, or representatives should you enter into a contractual relationship with any trainer(s) and/or Owners Circle representatives.

You acknowledge and agree that while the trainer’s/speaker’s presentation at the event is with the consent of Owners Circle, we assume no responsibility for the accuracy or appropriates of any information provided at the event by trainer(s)/speaker(s).


WAIVER AND COMPLETE AGREEMENT

The failure of Thinkific to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Thinkific and govern your use of the Service, superseding any prior agreements between you and Thinkific (including, but not limited to, any prior agreements)