Terms of Use

Terms and Conditions

Effective date: 18 December 2020

These terms and conditions apply to Services provided by The Core Learning Centre’s Website, located at my.virtualkindy.com. (hereinafter “TCVK” or “we” or “us”).

You may contact us on contact@[email protected].

These terms and conditions apply to the sale of any Online Course on our website. Please read these terms and conditions carefully before purchasing an Online Course.

If there is any conflict between our these terms and conditions and any Course/Community Specific Terms and Conditions which might apply to a specific Online Course then the conflict shall be resolved by applying the following order of priority:

Course/Community Specific Terms and Conditions;

These Standard Terms and Conditions for the Purchase of Online Courses

You consent to these Terms and Conditions (“T & C”) by accessing, visiting, browsing, using or attempting to interact with or use any part of this Site. You agree you have read and agree to be bound by this T & C. If you do not agree to be bound by this T & C, do not access or use any part of this Site. TCVK reserves the right, with or without notice, to make changes to this Agreement. Continued use of any part of this website constitutes you acceptance of any such changes.

1. Purchasing an online course

In order to purchase an Online Course you must provide the required information and pay the amount specified. You must ensure that all information provided is complete and accurate. When you place an order for an Online Course, you are offering to purchase that Online Course on this T & C.

A legally binding agreement shall only come into existence once:

(a) TCVK has accepted your offer to purchase an Online Course by sending you an order confirmation email which will provide you with a link to access the Online Course, along with log on details (if applicable); and

(b) TCVK has received from you (or on your behalf) the entire Course Fee in cleared funds.

The T & C, together with your purchase offer and the order confirmation email, constitute the entire agreement between us (the “Contract”) and supersedes and replaces any other terms and conditions previously published by us and any other understanding, undertaking, representation, warranty, arrangement, promise or statement of any nature whatsoever made by us to you, whether oral, written or otherwise, relating to the subject matter of the Online Terms. You acknowledge that you have not relied on any understanding, undertaking, representation, warranty, arrangement, promise or statement made or given by us or on our behalf, which is not set out in the Contract.

You must check the details on the order confirmation email when you receive it. If there are any errors please contact us immediately at contact@ [email protected].

We reserve the right, in our sole and absolute discretion and without the need to give a reason, to refuse to accept an offer to purchase one or more Online Courses. In such circumstances, no contract will arise and we will return any payment accompanying your purchase offer.

Before a Contract comes into existence between you and us, we reserve the right to increase or decrease the advertised Course Fee for an Online Course and/or to amend any of the information contained in the Online Course description. We also reserve the right to withdraw at any time Online Courses advertised for sale on our website and/or in any marketing campaigns.

2. Payment

The Course Fee for any Online Course at any given time and any additional delivery charges payable in relation to the delivery of Course Materials, if applicable, will be displayed on the Website.

All amounts are payable in Malaysia Ringgit (MYR). Any currency conversion costs or other charges incurred in making a payment shall be borne by you, and shall not be deductible from the amounts due to TCVK.

3. Cancellation and Refund Policy

TCVK offers a 7-day money-back guarantee to all customers who enrol for our online classes.

If you come to find that the online classes are unsuitable for your child and would like to request for a refund, kindly contact us via WhatsApp or email within 7 days to request for your refund. Once we have received your request, we will then proceed with your full refund.

TCVK may cancel any Online Course at any time prior to its scheduled termination date. If TCVK cancels an Online Course prior to its scheduled termination date. TCVK will refund the relevant portion of the Course Fee to you via your original method of payment within 28 days of giving notice to you of such cancellation.

Please allow 28 days for your return to be processed.

TCVK will not issue refunds for programmes enrolled through other entities, such as distributors or retail partners. Refund requests that are submitted after 7 days will also, unfortunately not be issued.

We aim to accept all returns, as long as the request is made within 7 days from the date of enrolment.

All sales of the Online Courses on the Website once made are final and are non-refundable. Please contact contact@[email protected] should you have any further queries.

4. Online Course content and Access terms

Upon receipt of an order confirmation email from TCVK you will be notified of when you will have access to the Online Course purchased and for the length of time such access will be made available to you, unless any such Online Course is removed.

The receipt of an Online Course is personal to you and, unless otherwise agreed by TCVK, you may not share or transfer your rights to access the Online Course or provide an Online Course to any other person.

You may incur charges to your internet service provider while you are accessing and/or downloading the Course Materials and Online Course. Charges may also be payable to third parties for use of the software necessary to access and/or download the Course Materials. You are responsible for paying any such charges.

You acknowledge that TCVK operates a zero tolerance policy in relation to inappropriate behaviour of students. In particular, abusive or violent behaviour directed at TCVK staff or other students and unfair or dishonest practices will not be tolerated under any circumstances. This includes, and not limited to online behaviour in the Communities and any Comment section in the Online Course. TCVK may, in its reasonable discretion and without liability or an obligation to refund any Course Fee, refuse to supply any Online Course to any student who engages in inappropriate behaviour.

We reserve the right to monitor IP addresses that are used to access the Course Materials and, if a student if found to be in contravention of the access rules, we may terminate a student’s access to the Online Course and the Course Material. In such circumstances, no refund will be given.

5. Modifications and addition of content to Online Courses and technology enhancements

From time to time, TCVK may make modifications or enhancements to the Online Courses. You will have access to such changes at no additional charge only to the extent that such changes relate to the Online Course purchased by you.

6. Technical Support and Access

If you are unable to access an Online Course, TCVK will use reasonable endeavours to provide a solution where TCVK has direct control over the system, software or settings involved. If the issue lies with your hardware, systems, software or settings thereof, TCVK may, in its discretion, provide assistance to you to help you resolve the issue but we cannot guarantee that any assistance provided will resolve your issue.

You accept and acknowledge that periods of downtime may be required in respect of the information technology infrastructure connected to the Website and that technical assistance may not be available during such periods of downtime. Further you accept that you will not have a claim for breach of contract or otherwise in respect of such period of unavailability.

TCVK will use reasonable endeavours to make the Online Course available but cannot guarantee uninterrupted, timely or error free availability or that defects will be corrected. TCVK reserves the right to suspend access to the Website for the purpose of scheduled or emergency maintenance, repairs or upgrades to improve the performance or functionality of the Website.

You also accept and acknowledge that TCVK cannot be held responsible for any delay or disruptions to your access to the Online Course as a result of such suspension or any of the following:

(a) the operation of the internet and the world wide web, including but not limited to viruses;

(b) any firewall restrictions that have been placed on your network or the computer you are using to access the Online Course;

(d) updated browser issues.

7. Warranties

TCVK will provide the Course Materials in accordance with the Online Course description, which is set out on the Website.

TCVK expects you to take reasonable care to verify that the Online Course and Course Materials in question will meet your needs. TCVK does not make any commitment to you that you will obtain any particular result from your use of the Online Course or Course Materials or that you will obtain any particular qualification on completion of the Online Course (unless otherwise stated on the Website).

TCVK does not make any representation, guarantee or commitment to you that the Online Course or Course Materials will be completely error free. In the event you have found an error, please post on the ‘Feedback’ topic in our Community forums or contact us at support @ [email protected]. Henceforth, we will review the relevant part of our content and make necessary changes to improve our product.

TCVK does not make any commitment that the Online Course or Course Materials will be compatible with or operate with your software or hardware.

All representations, warranties and/or terms and/or commitments not expressly set out in the T & C (whether implied by law, conduct, statute or otherwise) are hereby excluded to the maximum extent permissible at law.

8. Limitation of liability

The exclusions and limitations of liability contained in the Online Terms do not apply to a party’s liability: (i) for fraud or wilful default; (ii) for death or personal injury caused by its negligence; or (iii) where such limitation or exclusion cannot lawfully be excluded.

Except as set out in the Online Terms, TCVK shall not be responsible for losses that result from its failure to comply with the Online Terms including, but not limited to, losses that fall into the following categories:

(a) indirect or consequential losses;

(b) loss of income or revenue;

(d) loss of anticipated savings; or

(e) loss or corruption of data.

TCVK is not responsible to you for any data that you lose either (a) as a result of accessing the Online Course or the Online Study Materials; or (b) during completion of any Online Course via the Website. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the computer from which you are accessing the Online Course and the Online Study Materials; and (ii) all data that you are inputting when completing the Online Course.

Save as otherwise set out in this section “Limitation of liability”, TCVK’s maximum aggregate liability to you for any claims that you may have against TCVK for direct loss in contract, tort or otherwise arising out of or in connection with the Online Terms, the Online Course, your use of the Course Materials and any technical support shall be limited to the amount of the Course Fee which has been paid, or is payable, by you.

9. Disclaimer

The Online Courses are for educational purposes only. TCVK will not accept any responsibility to any party for the use of the Online Course or Course Materials for any purpose other than educational purposes, including but not limited to, the giving of advice by you to any third party.

10. Intellectual Property

At all times, TCVK and/or its licensors, remain the owner of the intellectual property in the Online Courses and the Course Materials. Other than as specified below, no Online Course and/or Course Materials, nor any part of it may be reproduced, stored in a retrieval system or transmitted in any form or by any means without the prior written permission of TCVK.

In consideration of receipt by TCVK of the entire Course Fee, TCVK grants to you a non-exclusive, non-transferable licence to access the Online Course and use the Course Materials content for the sole purpose of studying for the Online Course. For Online Study Materials, the licence granted is to use the Online Study Materials by an individual student only.

You may not modify, copy, reproduce, re-publish, sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate or distribute in any way the Online Course or any of the Course Materials. You may not modify, adapt, merge, translate, disassemble, decompile, recompile or reverse engineer any software forming part of the Online Study Materials or create derivative works based on the whole of or any part, or which incorporate, the Online Study Materials into any software program. Access to the Online Course and use of the Course Materials not expressly permitted in the Online Terms is strictly prohibited and will constitute an infringement of either TCVK’s copyright or TCVK’s other intellectual property rights, and/or the copyright or other intellectual property rights of TCVK’s licensors.

11. Changes by Us

An Online Course description constitutes only an indication of what the Online Course is planned to accomplish. The Online Course description does not form part of the Contract between you and us. We will use our reasonable endeavours to provide an Online Course as described.

12. General

TCVK reserves the right to recover any reasonable debt collection costs in connection with the T & C.

TCVK may update or amend the T & C from time to time to comply with law or to meet its changing business requirements or to correct any errors without notice to you. Any updates or amendments will be posted on the Website.

You may not assign or sub-contract any of your rights or obligations under the T & C to any third party unless agreed to by TCVK.

TCVK may assign, transfer or sub-contract any of its rights or obligations under the T & C to any third party at its discretion.

No failure or delay by TCVK in exercising any right or remedy under the T & C shall operate as waiver of that right or remedy or shall affect its ability to subsequently exercise that right or remedy. Any waiver must be agreed by TCVK in writing.

If any of the T & C are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of the T & C shall remain in full force and effect.

Any notices required to be served on you by TCVK under the Online Terms will be deemed properly served if emailed or posted to the email address or address notified by you to TCVK, respectively. Any notices required to be served on TCVK by you will be deemed properly served if sent by email. A notice sent by email is deemed to be given on the day it was sent.

The Contract between you and TCVK will be concluded in English only. The Online Terms, and any other matters arising out of or in relation to the T & C, are governed by and construed in accordance with the laws of Malaysia You agree to submit to the exclusive jurisdiction of the Malaysia courts to settle any disputes which may arise out of or in connection with the T & C.