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Terms of Use

Last Updated: 1 July 2021

IMPORTANT – PLEASE READ CAREFULLY.

These Terms of Use (“Terms” or “Terms of Use”) constitute a legally binding agreement made between you personally (“you”) and JOBTIVITI SDN BHD (formerly known as Agensi Pekerjaan Set Sdn Bhd) Registration No. * (1303559-A), of 22-09 Menara 1MK, 1 Jalan Kiara, 50480 Mont Kiara, Kuala Lumpur (“Jobtiviti”, “Company”, “we”, “us”, or “our”).

The Terms govern your access to and use of our product, WORQEX as provided on the WORQEX website at www.worqex.com (“Website”) as well as on any other media platforms, media channels, applications or mobile websites and other products and services related, linked, or otherwise connected to WORQEX (collectively, the “Services”). Any reference to “Jobtiviti” also include its affiliates, directors, employees, agents and representatives. Our Trainers, collaboration partners (which may include without limitation to corporate establishments, educational institutions or advertisers) and integrated service providers are third-party beneficiaries of the Terms and may enforce these provisions of the Terms that relate to them.

The information provided on the Website or any of our media channels or platforms of whatever form and nature (collectively, the “Platform”) is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Platform from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Note: If you are registered with us as a Trainee under a separate and dedicated corporate programme, you will also be subject to these Terms. To the extent of any inconsistencies, the terms of the letter of engagement or agreement vis-à-vis the said corporate programme shall prevail.

  1. SCOPE OF THE AGREEMENT
    1.1. WORQEX is a product and service offered by Jobtiviti. These Terms of Use govern your use of the Platform in relation to the Services which you should read carefully before signing up for a user account. These terms and conditions represent a binding agreement between you and the Company (“Agreement”).
    1.2. You agree that by (a) accessing and utilising the Platform, (b) signing up for a user account on the Website, or (c) using our Services, you have read, understood, and agreed to be bound by these Terms of Use including the policies and documents referenced in these Terms. It is important to note that these Terms shall be read in conjunction with the Frequently Asked Questions and Privacy Policy available on the Website and all other policies and documents referred to herein. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.
    1.3. WORQEX is a web-based service that provides online learning programmes through a series of dedicated modules developed and curated by Jobtiviti and its affiliate skill trainers (“Trainers”) to equip its registered users (“Trainees”) with essential skills necessary to navigate most white-collar jobs (“WORQEX Programme”). Through the WORQEX Programme, Trainees will learn to complete work tasks with personalised reviews, and master tasks required in business functions, at a Trainee’s own pace and with the support and guidance of Jobtiviti.
    1.4. The WORQEX Programme allows Trainees to learn practical skills and knowledge to perform work tasks commonly required of entry-level white-collar executives. Trainees will be guided by Jobtiviti to complete various work tasks conceptualised based on real-world assignments (“Mini Projects”). At the end of the WORQEX Programme, SUBJECT ALWAYS to the Trainees’ satisfactory performance and completion of the WORQEX Programme, Jobtiviti may in its discretion award qualified Trainees with a certificate (“Certificate”) and allow Trainees to download a portfolio of all the Mini Projects they have completed (“Trainee Portfolio”).
    1.5. Unless otherwise stated, your subscription to the WORQEX Programme is subject to a fee (“Paid Services”). We may offer free trial programmes from time to time. The current WORQEX Programme available for subscription can be found HERE (Link: https://worqex.com/programs/).
  2. BINDING AGREEMENT AND CHANGES TO TERMS
    2.1. The Services are provided to you subject to these Terms. These Terms form a binding agreement between you and Jobtiviti. By using the Services, you acknowledge that you have the legal capacity to enter into this Agreement and you further agree to accept and/or to be bound by these Terms.
    2.2. We may alter, amend, change, waive, terminate or modify any of these Terms from time to time. Supplemental terms and conditions or documents that may be posted on the Platform or from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
    2.3. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Platform after the date such revised Terms of Use are posted.
    2.4. You may elect to terminate use of our Services subject to these Terms upon receiving notice of any changes made to them. If you continue to use any of the Services after receiving notice that these Terms have been modified, any continued use shall constitute acceptance of the modified Terms and be subject to them.
    2.5. We may ask that you acknowledge your agreement to any modified Terms. However, even if we do not do so, your continued use of the Services will be subject to the modified terms.
  1. TERM OF THE AGREEMENT
    3.1. This Agreement between you and Jobtiviti shall commence on the first day of your registration for a Trainee Account (as defined herein) and shall be valid for the duration of your use of the Website and Services.
  2. REGISTRATION FOR A TRAINEE ACCOUNT
    4.1. To use and access the WORQEX Programme, you must register for an account on the Website (“Trainee Account”).
    4.2. Save and except for any WORQEX Programme or any part of the Services which are designed and made available for use at no charge (“Free Services”), your use, access, and enjoyment of the Paid Services is subject to the payment of a fee in accordance with your WORQEX Programme of choice. All applicable fees are to be paid in accordance with the information provided on the Website in relation to the applicable WORQEX Programme. For the avoidance of doubt, your use, access, and enjoyment of any Free Services is subject to your registration as a Trainee for a Trainee Account (if applicable), and these Terms.
    4.3. By creating a Trainee Account, you agree to provide accurate, truthful, complete, and current information and you further agree to update your information to keep it accurate and complete. If you provide false, inaccurate, outdated or incomplete information, we have the right to suspend or terminate your account. You are responsible for all activities that occur on your account.
    4.4. You also agree not to create an account using a false identity or false information, or on behalf of someone else. You further agree that you must not create, access, or use more than one account unless expressly permitted by us, and you must not share access to your account or access information for your account with any third party. You must not register or use the Website or any products or services related to WORQEX if you have already been banned from the Platform.
    4.5. When registering, we will ask for information about your personal details which amongst others, will include your educational background (past and present), employment history and personal preferences. Kindly refer to our Privacy Policy for the types of information which we may collect during your registration and use of the Services, and the manner in which such information may be used or processed by Jobtiviti.
    4.6. You must inform us immediately of any changes to the information that you provided when registering by updating your details in the Website in order that we can communicate with you effectively. This is especially crucial for the purpose of issuing you the Certificate, if applicable. We shall not be responsible or obliged to correct any misinformation on your Certificate if such misinformation was occasioned by you or your inaction, mistake or neglect.
    4.7. You are responsible for maintaining the confidentiality of your Trainee Account and the password providing access to your Trainee Account.
    Password and Security
    4.8. When you register for a Trainee Account to use the Services, you will be asked to create a password. To prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting us at general@worqex.com immediately.
    4.9. If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your Trainee Account.
    4.10. As a result of your loss of your password or misuse of the Website, all losses or damage incurred thereby shall be borne by you; and you shall fully indemnify us should we suffer any loss or damage.
  1. CONTENT OFFERINGS AND YOUR ACCESS TO THEM
    5.1. Jobtiviti offers dedicated courses, content, and materials through the WORQEX Programme jointly developed by us and our affiliates (including but not limited to the Trainers and our collaboration partners) (“Content Offerings”). The Content Offerings may include teaching and learning materials such as course outline and descriptions, knowledge videos, skills videos, tutorials, quizzes, challenges, mini projects or assignments. The Content Offerings offered to each Trainee may differ and we hereby reserve the right to determine the distribution and offer of specific Content Offerings to the Trainees as we deem fit.
    5.2. Jobtiviti will aim to provide the most up-to-date Content Offerings at the time of creation. However, the Content Offerings may differ from best practices, a specific organisation’s practices or the latest changes of best practices across the board. Trainees hereby agree to absolve Jobtiviti for any misalignment, non-updated, and inaccuracy of the Content Offerings.
    5.3. We reserve the right to cancel, interrupt, reschedule, or modify any Content Offerings, or change the point value or weight of any Mini Projects, quiz, or other assessments as we deem fit. The Content Offerings are subject to the Disclaimers and Limitation of Liability clauses below.
    5.4. Subject to the Terms herein, you will be granted use and access to the Content Offerings upon your enrolment into the applicable WORQEX Programme. Your WORQEX enrolment is valid for the period specifically set out in the applicable WORQEX Programme which you have subscribed to, and such period shall commence upon your payment of the applicable Fee (“Certification Validity Period”). All certification(s) under your WORQEX Programme subscription must be obtained within the Certification Validity Period. You will not be allowed to continue or have access to the WORQEX Programme for purposes of obtaining the relevant certification upon expiry of the Certification Validity Period (“Expiry”). We may revise the Certification Validity Period from time to time and we hereby reserve the rights to modify or change the Certification Validity Period as we deem fit. Any modification will be updated on the Website.
    5.5. Upon the Expiry of your subscription to the relevant WORQEX Programme, you will not be allowed to continue or have access to the WORQEX Programme for purposes of obtaining the relevant certification. However, you may be granted access to some of the Content Offerings for the period set out in the applicable WORQEX Programme which you have subscribed to as per displayed on the Website “Content Validity Period”. For the avoidance of doubt, the Content Offerings which are accessible by you after the Expiry shall not include the Certificate, Review and Trainee Portfolio. Jobtiviti shall not be liable to retain a copy of the Certificate and your Trainee Portfolio after the same have been awarded to and made available for download by the Trainee. Any retention of information pertaining to Trainees are subject to our internal records management policy.
  2. USER GENERATED CONTENT AND CONTRIBUTION
    6.1. The Services allow and enable you to share your content, such as quizzes, assessments, Mini Projects, surveys, posts you make or publish on the Platform and the like (“User Content”), with us and the Trainers. You retain all intellectual property rights in and are responsible for the User Content you create and share. You shall ensure that all User Content you create or share are in compliance with these Terms, all relevant legislation and codes of practice.
    6.2. User Content shall in no event include any of our Content Offerings made available on the Website or placed on the Platform.
    6.3. To the extent that you provide User Content, you unequivocally grant us a fully transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide licence to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, publish, utilise for publicity or marketing purposes, and otherwise use the User Content (including your information on the WORQEX Database) without any restrictions or any compensation to you. This licence includes granting us the right to authorise the Trainers or authorised third parties to use User Content with other registered Trainees or third parties independent of the Services. Nothing in these Terms shall restrict other legal rights Jobtiviti may have to the User Content, for example under other licenses. We reserve the right to remove or modify any User Content for any reason, including User Content that we believe is not in the best interest of Jobtiviti, deemed to be inappropriate or violates these Terms or other policies referenced herein. Our interpretation of our policies and the decision whether or not to edit or remove any User Content is within our sole discretion.
  3. NO GUARANTEES OF EMPLOYMENT AND NO REPRESENTATIONS
    7.1.Notwithstanding the completion of the WORQEX Programme by the Trainee, Jobtiviti does not:-
    (i) make any representations as to the qualifications or job prospects of any Trainee;
    (ii) guarantee or warrant that a Trainee will find be able to secure any employment or any increase in income;
    (iii) guarantee the award of the Certificate and Trainee Portfolio to the Trainee or have any obligation to award the Certificate and Trainee Portfolio to the Trainee, and if the Certificate and Trainee Portfolio are so awarded, we do not warrant or make any representations with regard to the Certificate and Trainee Portfolio; and
    (iv) provide or be obliged to provide any reference in regard to any Trainee or his/her Trainee Portfolio, for the purposes of the Trainee’s future employment.
    7.2.Unless otherwise specifically described in the WORQEX Programme you subscribed, nothing in these Terms or otherwise, with respect to your participation in the WORQEX Programme or Content Offerings whether provided by us or our collaboration partners (which may be corporate establishments or educational institutions) shall establish any relationship between you and Jobtiviti, or you and our collaboration partners. If our collaboration partner is an educational institution, nothing in these Terms or the WORQEX Programme shall establish a student – institution relationship, or enrols or registers you in our collaboration partner’s institution, any Content Offerings which they may provide or entitles you to access and enjoy the resources of the said collaboration partner institutions beyond their participation and involvement in the WORQEX Programme.
    7.3.We do not make any representations or warranties whatsoever as to any certification awarded under the WORQEX Programme. Jobtiviti, the Trainers and our collaboration partners have no obligation to ensure that the Certificate or any of the Content Offerings are recognised by any educational institution, accreditation organisations or third parties unrelated to the Services.
  4. INTELLECTUAL PROPERTY
    8.1. You agree and acknowledge that the Website, the Content Offerings, the WORQEX Database, the Website’s general structure, all other elements comprising the Website as well as its contents such as source codes, databases, functionality, software, Website designs, designs, text, graphics, images, video, information, logos, button icons, software, audio files and other data or content of whatsoever nature (collectively, the “WORQEX Content“), and the Services and all right, title and interest in and to any Intellectual Property Rights therein and/or related thereto are the exclusive property of Jobtiviti or its licensors. “Intellectual Property Rights” means all worldwide patent, patent applications, copyrights, trade secrets, trademarks, service marks, trade names and any other intellectual property, proprietary, and database protection rights. The “Jobtiviti” and “worqex.com” brand, name and logo are our trademarks (“Jobtiviti Trademarks”), and no right or licence is granted to you herein to use such trademarks.
    8.2. The WORQEX Content is protected under copyright, trademark and other laws and is provided “as-is” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and WORQEX Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever.
    8.3. You may retrieve and display the Website and any WORQEX Content on a computer screen, store such content in electronic form or print one copy of such content for your non-commercial use only and provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or WORQEX Content without our express written consent.
    8.4. Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties, including but not limited to our Trainers (“Third-Party Trademarks”, and, collectively with the Jobtiviti Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licensee or right to use any Trademark displayed on thereon without our prior written consent for each such use. The Trademarks may not be used to disparage us or the applicable third party, our or a third party’s products or services, or in any manner (in our sole reasonable judgment) that may damage any goodwill in the Trademarks. All goodwill generated from the use of any Jobtiviti Trademark will inure to our benefit.
  1. TRAINEE’S CODE OF CONDUCT
    9.1.You hereby agree that you are solely responsible for all activities you undertake on the Website and you further agree to ensure that you do not and will not use or attempt to use any portion of the Website, Platform or any part of our Services to do any of the following. A breach of the Trainee’s Code of Conduct will be sufficient grounds for the termination of your Trainee Account:-
    (i) engage in any activities that will dishonestly improve your results or dishonestly improve or hurt the results of others and this include plagiarism, cheating and fabrication of any work or User Content you create;
    (ii) use the Services or any functionality of the Platform for anything other than for completing the WORQEX Programme;
    (iii) impersonate or misrepresent your affiliation with any person or entity;
    (iv) use, share or howsoever utilise any content or work that violates intellectual property, privacy or other rights belonging to another party;
    (v) share content that you do not have the right to share, claim contents that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights;
    (vi) use, share or howsoever utilise someone else’s content or material without attributing or crediting the original copyright owner of such content or material;
    (vii) violate any of the Terms of Use contained herein;
    (viii) transmit, post, distribute, store or destroy material, including without limitation the WORQEX Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of WORQEX’s Privacy Policy (Link: https://worqex.com/ privacy-policy/);
    (ix) use any data mining, robots or similar data gathering or extraction methods;
    (x) reproduce, transfer, sell, resell or otherwise misuse any content from our Services;
    (xi) disseminate or post harmful content including, without limitation, viruses, Trojan horses, malware, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, programme, data, or personal information;
    (xii) modify or make derivative works based upon our Services;
    (xiii) use the Services or any part of the Services in any manner whatsoever or howsoever with the intention of deceiving or defrauding us, or depriving us of any fees which otherwise would have been payable to us arising from your access to the Website and your use of the Services including but not limited to utilising any information obtained or received from your subscription of the WORQEX Content and Services;
    (xiv) violate or attempt to violate the security of the Website or Platform including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation. Violations of system or network security may result in civil and/or criminal liability. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Trainees who are involved in such violations;
    (xv) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code, underlying structure, ideas, algorithms or method of operation of the Services or any related technology, or any part thereof, or instruct or authorise any third party to do any of the foregoing;
    (xvi) aggregate, copy or duplicate in any manner any of the WORQEX Content or information available from the Website other than as permitted by these Terms;
    (xvii) frame or link to any WORQEX Content or information available from the Website, unless permitted by these Terms;
    (xviii) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, circumventing or violating someone’s privacy, providing or creating computer viruses or pirating media;
    (xix) create a Trainee Account under false or fraudulent pretences, create or use a Trainee Account for anyone other than yourself, or create multiple active Trainee Accounts;
    (xx) use or attempt to use another’s account, share with a third party any login credentials to the Website, and/or provide access to the WORQEX Contents or Services through your account to any third party;
    (xxi) access data not intended for you or logging into a server or account which you are not authorised to access;
    (xxii) access, tamper with, or use non-public areas of our systems, unless specifically authorised to do so;
    (xxiii) post or submit to the Website any incomplete, false or inaccurate information, or information which is not your own;
    (xxiv) solicit passwords or personally identifiable information from other users;
    (xxv) delete, modify, alter or reproduce any material or content created by us without the express consent of the Company;
    (xxvi) harass, incite harassment or advocate harassment of any group, company, or individual;
    (xxvii) promote or endorse an illegal or unauthorised copy of another person’s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
    (xxviii) use the Services for any unlawful purpose or any illegal activity, or post or submit any content that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind or otherwise objectionable as determined by the Company’s sole discretion;
    (xxix) engage in “framing”, “mirroring,” or otherwise simulating the appearance or function of the Services;
    (xxx) act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
    (xxxi) disclose information that you do not have the right to disclose (including without limitation to confidential information of others);
    (xxxii) violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
    (xxxiii) violate our or our affiliates’ intellectual property or other rights, including, without limitation, using the word “WORQEX” or our logos in any business name, email, or URL unless otherwise permitted by the Terms of Use herein;
    (xxxiv) license, sublicense, rent, lease, loan, trade, sell/re-sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any part thereof or related information or data;
    (xxxv) generally transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
    (xxxvi) reproducing any of the WORQEX Content for uses not contemplated by the Terms of Use herein;
    (xxxvii) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
    (xxxviii) use bots or other automated methods to access the Services;
    (xxxix) access the Services except through the interfaces expressly provided by us;
    (xl) promote, endorse or further illegal activities; or
    (xli) monitor the Services’ availability, performance or functionality for any competitive purpose.
    9.2. We take work and academic integrity very seriously at WORQEX. Integrity is fundamental to the work of not just the Trainees but the whole WORQEX community, including the Company, its researchers, coordinators and administrators, the Trainers and our collaboration partners. We are committed to provide a supportive and positive environment for your education and training through the WORQEX Programme and along the way, impart the essential values centred on the concepts of ethics, honesty, fairness and responsibility which are necessary and crucial for you to thrive in your future pursuits. Any acts of plagiarism, cheating or fabrication are unacceptable and would tantamount to a serious violation of the Trainee’s Code of Conduct.
    (i) Cheating is a general category of misconduct that involves dishonesty in any aspect of your work. Plagiarism are fabrication are identified as particular kinds of cheating.
    (ii) Plagiarism is when you copy or reproduce works, ideas, or any other materials, from another source without giving credit to the original author or when you use someone else’s words, intellectual property or ideas as if they were your own original work. Plagiarism also includes the practice of employing or allowing another person to alter or revise your work, and then submitting the work as your own.
    (iii) Fabrication is cheating by faking results of a research outcome, or otherwise concocting something that one presents as true, factual, or real.
    9.3. If your work has been found to have been plagiarised, or if you wish to report a breach of a Trainee’s Code of Conduct (including instances of cheating, plagiarism or fabrication), you may contact us at general@worqex.com and provide us with the relevant information to help us investigate.
  1. TRAINEE’S PERSONAL INFORMATION
    10.1. As part of the Services, you will be required to provide us with personal information about you such as your profile, resume and/or preferences. All such information generated will be uploaded onto WORQEX’s databases (“WORQEX Database”). All data submitted by you or generated through your use of the Services or the activities of the Trainees, including any information uploaded to the WORQEX Database, usage information, conversion data, performance details, aggregate statistics and other information of any kind may be accessible by you but the same belong exclusively to us (“WORQEX Data”).
    10.2. You shall use the WORQEX Database in accordance with these Terms and in compliance with all applicable laws including laws governing privacy and personal data and agree not to disclose any of the data you obtained or received from the WORQEX Database to any third party without our express written consent.
    10.3. We grant you a limited, personal, terminable, non-transferable, non-exclusive right to access the WORQEX Database via the Website for the purpose of viewing or downloading any personal data provided by you solely for your personal use, subject always to the provisions of these Terms.
    10.4. The WORQEX Database is to be accessed and used solely by you. You shall not share the WORQEX Database licence login credentials with any other party.
    10.5. You shall take appropriate physical, technical, and administrative measures to protect the data you have obtained from the WORQEX Database from loss, misuse, unauthorised access, disclosure alteration or destruction.
    10.6. You may not use the WORQEX Database in any way which, in our sole judgment, adversely affects our business, business prospects, the performance or function of the Platform, or interferes with the ability of other authorised users to access the WORQEX Database.
    10.7. We reserve the right to limit the amount of data that may be accessed by or provided to you at any given time.
    10.8. To ensure a safe and effective experience for all Trainees, we reserve the right and without prior notice change, stop providing, or create usage/access limits for the Services, including the WORQEX Database. We may permanently or temporarily terminate or suspend your access to the Services, the WORQEX Programme or the WORQEX Database without notice and liability for any reason, including if in our sole determination you have violated any provision of the Terms or for no reason at all.
    10.9. You are specifically prohibited from using information contained in the WORQEX Database to sell or promote any products or services or to take any other action that is, in our sole judgment, inconsistent with these Terms, misleading or incomplete, or in violation of any laws or regulations.
    10.10. All personal data collected by Jobtiviti pursuant to your use of the Services will be treated in accordance with our Privacy Policy, which is incorporated by reference into this Agreement. If you have any questions about our Privacy Policy or any issues concerning your personal data, wish to submit a written complaint to us about how we handle your personal data, or want to request access to, correction of and/or to update your personal data that cannot be done on the Website, please contact us at privacy@jobtiviti.com.
    10.11.Subject to the Terms herein and the Privacy Policy, you understand and acknowledge that all information provided by you which forms part of the WORQEX Data may be disclosed to and utilised by authorised third parties. Further, Jobtiviti reserves the right to disclose any information provided by you to Jobtiviti in order to comply with legal requirements or its legal obligations.
    10.12.Jobtiviti may terminate, suspend, update, alter or supplement, at its sole discretion, all or any part of the WORQEX Database at any time. By permitting access to the WORQEX Database, Jobtiviti does not convey/transfer any interest in or to the WORQEX Database. All right, interest in and to the WORQEX Database is and shall remain with Jobtiviti.
  1. LICENCE AND RESTRICTIONS OF USE
    11.1. During the term of this Agreement, subject to your compliance with the Terms and all other policies and documents referenced herein, we grant you a personal, limited, non-transferable, non-exclusive, non-sublicensable, revocable right to access and use of the Website strictly for your personal and non-commercial use for the purposes envisaged by the WORQEX Programme.
    11.2. Where permissible and available, you may download content (limited to your personal data from the WORQEX Database, any User Content uploaded onto the Website or such permitted Content Offerings) only for your personal, non- commercial use, unless you obtain our written permission to otherwise use the content.
    11.3. Your use of the Services and the Website does not give you ownership of or any intellectual property rights in our Services or the contents you have a right of access to.
    11.4. The Company shall at its sole discretion be entitled to:-
    (i) revoke your access to our Services, use of the Website or the WORQEX Programme at any time;
    (ii) do all things necessary for the purpose of monitoring or measuring your use of the Website, validate certain features or functionality of the Website or to provide services or support necessary to maintain the Website; and
    (iii) modify or terminate the Website/Services or your access to the Website/ Services, without prior written notice to you, at any time, and without any liability to you. In the event the Website or our Services is terminated, the Company will not be obliged to provide continued access to data collected during and/or throughout your use of the Website or our Services.
    11.5. You acknowledge and agree that you will not use the Services and Website for any purpose that is unlawful, discriminatory, or illegal. Jobtiviti retains all rights, title and interests in the Services and in the WORQEX Technology. “WORQEX Technology” shall mean (i) technology, methodologies and intellectual property anywhere in the world (including, without limitation, the Content Offerings, software tools, hardware designs, algorithms, software (in source and object forms), architecture, class libraries, objects and documentation (both printed and electronic) or otherwise arising outside of work under these Terms, (ii) any derivatives, improvements, enhancements or extensions of the foregoing conceived, reduced to practice, or developed during the term or in performance under these Terms, and (iii) any intellectual property anywhere in the world relating to any of the foregoing. You further acknowledge and agree that you have no rights other than those granted by these Terms.
    11.6. Should you provide Jobtiviti with feedback regarding usefulness and functionality of the Website or the Services and any problems, ideas or enhancements which come to your attention (“Feedback”), you hereby assign to Jobtiviti all rights, title, and interests to such user suggested enhancements and all property rights including without limitation all patent, copyright, trade secret, trademark, moral right or other intellectual property rights. By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, contractors, or obtained from other sources.
  2. PRICING, PAYMENT AND BILLING
    12.1. The basic features of the Services can be used free of charge. The basic features of the Services include registration for a Trainee Account to access Free Services, perusal of information made available on the Platform, and such other basic features which Jobtiviti may introduce from time to time, if any. No payments are due in this case.
    12.2. If you wish to subscribe to the Paid Services, you hereby agree to the pricing and payment terms for the applicable Paid Services covered in these Terms and available information on the Website. You further agree to make payment of the fees related to your subscription of the applicable Paid Services (“Fees”) according to the information stated on the Website. Unless otherwise provided or offered to you in writing, any future changes to the pricing and payments terms will not apply retrospectively to your subscription.
    12.3. Your subscription to the Paid Services would commence upon successful payment of the Fees. For Services which do not require payment of Fees, you may subscribe at your own accord.
    12.4. Payment of Fees can be made via the payment facilities or methods available and stated on the Website. You agree to pay all charges incurred by users of your credit card or debit card used or any transactional fee or finance charges payable in connection with a purchase or transaction, or other monetary transaction interaction for the Paid Services at the prices in effect when such charges are incurred. For the avoidance of doubt, payment is only deemed made upon clearance of the same.
    12.5. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions, including without limitation withholding taxes, royalties, know-how payments, customs, privilege, excise, sales, use, value-added and property taxes (collectively, “Taxes”), except for those taxes based on our income.
    12.6. We may add new Paid Services for additional fees and charges, or amend fees and charges for existing Paid Services, at any time in our sole discretion.
    12.7. Unless otherwise stated, we do not process payment for the Paid Services. You must use a third-party payment processor (“Processor”) when subscribing for the Paid Services, and your use of the website and services of such Processor as may be designated from time to time is governed by such Processor’s policies. All information that you provide us and/or Processor in connection with a purchase or other monetary transaction interaction related to the Paid Services must be accurate, complete, and current. You represent and warrant that such information is true and that you are authorised to use the applicable payment instrument.
  3. CANCELLATION AND REFUND POLICY
    13.1. This Clause 13 shall be read together and in conjunction with our Refund Information stated on the Website. In the event of conflict between this Clause and the Refund Information, the terms herein shall govern and prevail.
    13.2. If you decide to cancel your subscription of the Paid Services for any reason whatsoever, you are entitled to do so within FOURTEEN (14) DAYS of your payment of Fees, PROVIDED ALWAYS that you have not yet commence your training or learning of the third module of the WORQEX Programme subscribed (“Initial Refund Period”).
    13.3. After the Initial Refund Period, you may no longer be allowed to cancel your subscription of the Paid Services and/or discontinue your use of our Services and/ or your Trainee Account.
    13.4. Any request for cancellation of subscription to a Paid Service and refund of Fees must be made in writing to us and we endeavour to process your cancellation and refund request within five (5) working days from our receipt of the same.
    13.5. You may apply for a cancellation of your subscription of the Paid Services and a refund of Fees via the Website. Should your cancellation and refund request be successful, you will receive an email from us informing you of the same (“Refund Confirmation Email”). Our decision on your refund application is final and shall not be appealable.
    13.6. Save where Clause 13.2 above applies, you accept and acknowledge that you will only receive a refund of the Fees paid in connection with your subscription of the Paid Services upon our approval, and any refund would be for such amount to be determined by Jobtiviti at its sole and absolute discretion.
    13.7. Subject to any applicable laws of Malaysia, in the event that Jobtiviti suspends, limits, or terminates your access to the Services and/or your account due to (a) your breach of these Terms or any of the Jobtiviti policies or any other agreement that you have with Jobtiviti or (b) Jobtiviti ceases its business and/or operations, you understand and accept that you will not receive a refund for any unused time or material with respect to the Fee paid for the Paid Services, even if such refund request was made within the Refund Period.
    13.8.Subject to your provision of complete information pertaining to your bank account of choice, any funds pursuant to a successful refund request will be returned to you within TEN (10) WORKING DAYS of your receipt of our Refund Confirmation Email. If you do not receive a refund upon the expiry of the ten (10) working days contemplated herein, contact us about the problem at payment@jobtiviti.com.
    13.9. Upon cancellation of your subscription to the Paid Services in accordance with this Clause 13, you will no longer be allowed to access the entirety of the Paid Services which you have paid for and received a refund of.
  1. TERMINATION
    14.1. Your Trainee Account may be terminated under the following circumstances:-
    (i) you stop using the Services and choose to delete your Trainee Account; or
    (ii) your Trainee Account is terminated in accordance with this Clause 14.
    14.2. You can stop using the Services at any time and you may delete your Trainee Account by sending an email to general@worqex.com. Upon deletion of an account, all specific account information will be deleted. However, domain names and a log-register attributable to each deleted account will be kept for archival and administrative purposes. Jobtiviti may also use unidentifiable, aggregated information originating from deleted accounts in its general business operations.
    14.3. Jobtiviti reserves the right, at its sole discretion, to take any or all of the following actions as applicable under the circumstances stipulated in Clause 14.4:-
    (i) remove any of the WORQEX Data or User Content from the Website, the WORQEX Database or the Platform;
    (ii) suspend or terminate your registration for an account;
    (iii) limit,suspend,terminateorrefuseyouraccesstotheServices;
    (iv) terminate your account immediately without notice to you;
    (v) with respect to any User Content, take any further action as permitted by law that it deems necessary or appropriate if the Company believes that such User Content could expose the Company to civil and/or criminal liabilities, damage the Company’s reputation, or cause damage or loss to the Company.
    14.4. Jobtiviti may, at its sole discretion, take any or all of the actions in Clause 14.3 under the following circumstances, in addition to the rights of Jobtiviti set forth elsewhere in these Terms:-
    (i) any misrepresentations by you or breach by you of these Terms;
    (ii) any breach by you of any of Jobtiviti’s policies referenced herein;
    (iii) if any User Content violates the terms and conditions of this Agreement, any applicable laws, rules or regulations, and in the Company’s sole and absolute judgment and discretion, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of any individual, group, entity or organisation;
    (iv) Jobtiviti has reasonable grounds to believe that the Services have been, or will be, or are being abused, used for any unlawful purpose and/or used in violation of any of these Terms or any other document or policies referenced herein. Although specific prohibited items have been listed in these Terms, Jobtiviti reserves the right to consider any action or conduct inconsistent with the intended use of the Services to constitute abuse;
    (v) if you infringe the copyrights or other intellectual property rights of others including but not limited to the unauthorised posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works.
    14.5. Upon termination of your Trainee Account in accordance with this Clause 14, you will not be able to access paid course materials (including the Content Offerings unfinished modules, marked mini project, completed mini projects or your Trainee Portfolio).
    14.6. Even after you are no longer a user of the Website or Services, certain provisions of these Terms which can and are meant to survive the termination of this
    Agreement between you and Jobtiviti, will remain in effect and legally enforceable.
  2. AVAILABILITY OF THE SERVICES
    15.1. Although we aim to offer you the best service possible, we make no promise that the Services will meet your requirements. The Services may change over time as we modify, improve, remove or add more functions or features to them, and we may also suspend or stop the Services or any content or functionality from our Services altogether, at our sole discretion and at any time without prior notice to you.
    15.2. We cannot guarantee that the Website or the Services will be fault-free, error- free, or that Website and servers are free of viruses or other harmful mechanisms. If a fault occurs with the Website, you should report it to us and we will attempt to correct the fault as soon as we can.
    15.3. Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new content, facilities or services. We will attempt to restore access and/or service as soon as we reasonably can.
  3. DISCLAIMERS AND LIABILITY
    16.1. Jobtiviti, to the fullest extent permitted by law, disclaims all liabilities related to your access or use of the Services and all warranties, whether express or implied, including the warranty of the merchantability, fitness for particular purpose and non-infringement. We also do not warrant that we will prevent unauthorised
    access by third parties. We make no warranties about the accuracy, reliability, completeness, or timeliness of the WORQEX Programme, WORQEX Content,
    Services, software, text, graphics, and links.
    16.2. The Website, the Services, the WORQEX Programme and the WORQEX Content are provided on an “as is” basis without any warranties of any kind, whether express or implied. The entire risk arising out of the usage, enjoyment or access to the Website, the Services, the WORQEX Programme and the WORQEX Content Services remains with the Trainee. To the fullest extent possible by law, Jobtiviti does not warrant that the Website or the Services will operate error-free or that the Website and its servers are free of computer viruses or other harmful mechanisms. If your use of the Website, the Services or the WORQEX Content results in the need for servicing or replacing equipment or data or any other costs, Jobtiviti shall not be responsible for those costs.
    Third Party Content
    16.3. Through the Services, you will have the ability to access and/or use content provided by Trainer, other Trainees, and/or other third parties and links to websites and services maintained by third parties. We cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. We disclaim any responsibility or liability related to your access or use of, or inability to access or use, such third-party content.
  4. LIMITATION/EXCLUSION OF LIABILITY
    17.1.You hereby acknowledge and agree that the WORQEX Content and Services may be modified by Jobtiviti and that modifications may cause a loss of data or content or loss of function or utility in or on you. You further acknowledge and agree that Jobtiviti may make all such modifications and that, to the extent permitted by law, Jobtiviti shall not be liable for any loss of information, data, use, goodwill or other intangible losses howsoever caused resulting from (a) any interruption, suspension or termination of the Services or the WORQEX Content, (b) your access to or use of or inability to access or use the Services, (c) any conduct or content of any party including without limitation, any defamatory, offensive or illegal conduct; (d) unauthorised access, use or alteration of the User Content or your personal information in the WORQEX Database, or (e) the accuracy or quality of information available or transmitted through the Services.
    17.2. In addition to Clause 17.1 above, Jobtiviti shall in no event be liable to you for any direct, indirect, incidental, consequential, special or punitive damages, or any loss of profits or revenues whatsoever, whether incurred directly or indirectly, suffered by you or any other party arising from your use of the Services or pursuant to any activities contemplated under these Terms.
    17.3. To the fullest extent possible by law, our maximum liability arising out of or in connection with the Services or your use of the Services, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), will not exceed RM100.
    17.4. You acknowledge and agree that the disclaimers and limitation of liability set forth in these Terms of Use reflect a reasonable and fair allocation of risk between you and Jobtiviti, and these limitations are an essential basis to Jobtiviti’s ability to make the Services available to you on an economically feasible basis.
  5. NO RELIANCE ON INFORMATION
    18.1. The content on the Platform is provided for general only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.
    18.2. Although we make reasonable efforts to update the information and content on the Website and Platform, we make no representations, warranties or guarantees, whether express or implied, that the information and content on our Website and Platform are accurate, complete or up-to-date at any time.
  6. INDEMNITY
    19.1. You agree to protect, defend, indemnify, and hold harmless Jobtiviti, and its affiliates, and their respective officers, directors, employees, consultants and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, related to, resulting from or that may arise from:-
    (i) your use of any WORQEX Content and/or any content from the Platform or Services;
    (ii) your use of the Services;
    (iii) your breach of these Terms;
    (iv) your sharing of any content obtained through use of the Services to any third party;
    (v) the use of any content downloaded from the Website or Platform to your computer or servers;
    (vi) information you sent, submitted, electronically received, viewed, printed, downloaded, or transmitted through the Platform or Services;
    (vii) any misused, intended or unintended, of any WORQEX Content or information related to Jobtiviti conveyed by you or any other parties to whom information is provided; or
    (viii) your violation of any rights of any other individual or entity.
    19.2. Jobtiviti will provide notice to you promptly of any such claim, suit or proceeding.
  7. OTHER IMPORTANT TERMS
    20.1. You may not transfer or assign any of your rights under these Terms to any other person. Jobtiviti may transfer or assign the whole or part of our rights under these Terms to any third party without your consent.
    20.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
    20.3. Each of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining Terms will remain in full force and effect.
    20.4. These Terms, its subject matter and its formation, are governed by the laws of Malaysia. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within Malaysia.
  8. CONTACT AND FURTHER INFORMATION
    21.1. If you have any questions about these Terms of Use, please contact us at:-

Address
22-09 Menara 1MK 1 Jalan Kiara 50480 Mont Kiara Kuala Lumpur
Telephone No.
+603 6205 2833

Email Address
general@worqex.com