TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The Shurfa Group Sdn. Bhd. (“Company“, “we“, or “us“) and You (“Client” or “You“) agree to the following terms stated herein.
PROGRAMME/SERVICE
The Shurfa Group Sdn. Bhd. (herein referred to as “The Shurfa Group Sdn. Bhd.” or “Company”) agrees to provide Programme, “Communicate with Confidence” (herein referred to as “Programme”) identified in the website. As a condition of participating in the Programme, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Programme, the Company shall provide the following to Client:
A Password Protected Programme Area: The Company shall maintain a Programme Area that will include, video, audio and written lessons, worksheets and other training and support information. You shall have access to this Programme Area for as long as the Programme Area exists, however no less than 120 days.
In the event that Company intends to close the Programme Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Programme Area.
From time to time, the Company will offer bonuses to individuals who sign up for the Programme. You shall be entitled to any bonuses offered to you at the time of your enrolment. Bonuses are not guaranteed to be available for the entire lifespan of the Programme and they vary depending on specific live and automated promotions throughout the year.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program.
Client understands Azimah Shurfa, Amnah Shurfa and Aisya Shurfa (herein referred to as “Consultant”) and The Shurfa Group Sdn. Bhd., is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this programme. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
In consideration of Your access to the Programme, you agree to pay the following fees.
You may choose between a single payment of RM3997 (due immediately) or 12 monthly instalments of RM359. If you elect to pay for Communicate with Confidence in full, you can pay in one payment of RM3997. If you select the 12-month instalment plan, you must pay the initial payment today and then your selected payment method will be automatically charged the following 11 instalments on a monthly basis, for a total payment of RM4308. If you opt for monthly instalments, you will remain responsible for those payments unless you obtain a refund according to the Programme’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Programme.
METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorise the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above.
Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your programme access will be removed.
If you do not request a refund within the terms of the programme with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan and you understand that your membership will automatically continue and you authorise us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
REFUND POLICY
We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course. The Company provides a 30-day money-back guarantee for the Programme. That money-back guarantee is governed by the following terms.
In order to qualify for a refund you must submit proof that you did the work in Modules One and Two and it did not work for you. In the event that you decide your purchase was not the right decision, contact our support team at info@myenglishmatters.com and let us know you’d like a refund by 4 July 2023 at 11:59 PM (Malaysia Time). You must include your completed worksheets from Modules One and Two with your request for a refund. If you request a refund and do not include your completed worksheets by 4 July 2023, you will not be granted a refund.
The work that you need to submit with your request for a refund includes ALL completed worksheets in Module One and Module Two. Submission can be made through email with a scanned, photograph, or digital copy of the worksheets.
We will NOT accept requests for refunds after 4 July 2023. After this date, all payments are non-refundable and you are responsible for full payment of the fees for the programme regardless if you complete the Programme.
Please note: If you opted for an instalment plan and you do not request a refund by 4 July 2023 with the required worksheets at the time of your refund request, you are required by law to complete the remaining payments of your instalment plan.
Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to issue the refund.
If you receive a refund of any purchase through this money-back guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under this Agreement and the Company’s Terms of Use. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, template documents, slide shows, membership areas, social media groups limited to paying members, and other resources.
All refunds are discretionary as determined by The Shurfa Group Sdn. Bhd. To further clarify, we will not provide refunds after 4 July 2023 and all payments must be made on a timely basis.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: info@myenglishmatters.com
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, it’s owners and employees, and other Programme participants.
NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Programme, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Programme, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Programme are the trademarks of their respective owners.
Your participation in the Programme does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Programme, You agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Programme content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Programme.
The Company content is not for resale. Your participation in the Programme does not entitle you to make any unauthorised use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorised herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Programme will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
CLIENT RESPONSIBILITY
The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Programme, you hereby agree to respect the privacy of other Programme participants and to respect the Company’s confidential information.
Specifically, you shall not share any information provided by other Programme participants outside of the bounds of the Programme unless you receive express written permission from such other participant to share the information. Similarly, the content of the Programme contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Programme with anyone other than the Company, its owners and employees, and other Programme participants.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Programme, which provides education and information. The information contained in the Programme, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Programme and/or any information and resources contained in the Programme. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Programme.
The information, software, products, and service included or available through the Programme may include inaccuracies or typographical errors. Changes are periodically added to the information in the Programme. The Company and/or its suppliers may make improvements and/or changes in the Programme at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Programme for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Programme, with the delay or inability to use the Programme or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Programme, or otherwise arising out of the use of the Programme, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Programme or any portion of it, your sole and exclusive remedy is to discontinue using the Programme.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the website (myenglishmatters.com) and purchasers shall be notified.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Programme and the related services or any portion thereof at any time, if You become disruptive to the Company or other Programme participants, if You fail to follow the Programme guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Programme and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defences.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Programme. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to Kuala Lumpur and Selangor, Malaysia.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a money-back guarantee. Other conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact info@myenglishmatters.com.
The Shurfa Group Sdn. Bhd.
Last updated: 17 May 2023