5.10. All content posted in the Course Materials is presented only as of the date
published or indicated and may be superseded by subsequent market events or
for other reasons. In addition, you are responsible for the setting of your electronic
devices to ensure you are receiving the most recent data.
5.10. Past trade performance or past earnings information contained in the Course
Materials should not be taken as a guarantee or promise that you can achieve the
same results. The verbal, written, or audio-visual evidence of prior or future trading
earnings or performance is not a guarantee or promise that any person or entity
will achieve the same results or performance when they place trades or trade a live
account.
The strategies and methods taught the Company have generally been used to
trade by the Company in both live market conditions and in testing, but this does
not guarantee or promise future profits or losses. If a trader uses the
strategies/strategy to make trades or investment decisions, they do so at their own
risk.
The Company has in the past used the trading strategies to make both winning
trades and losing trades. The Company reasonably believe in good faith that the
strategies can be used to form real trading decisions, but those decisions are your
own responsibility and we are in no way liable for losses or damages arising from
your personal decisions, actions or trades.
At no point has any guarantee or promise been made that profits or earnings will
arise by following or implementing the forex course content or the concepts taught
therein. No guarantee is made that results similar to the Company’s will occur.
Interpretation plays a role in trading methods and strategies, so what you believe
is a trading opportunity may be different to another person’s view of a trade. Be
aware that a trading strategy without algorithmic methodology, rules and indicators
can be interpreted and implemented in many different ways. The Company will not
accept liability for any loss or damages arising from any misunderstandings,
problems, losses or gains resulting from implementing such trading strategies.
As a condition of your Subscription, you agree to indemnify, defend, and hold us,
our officers, directors, employees, agents, representatives, information providers,
and any other third party involved in or related to the Subscription harmless from
and against any and all liabilities, claims, damages, losses, costs (including
reasonable legal fees), or other expenses that arise directly or indirectly out of or
from your Subscription.
7.1. All intellectual property rights in or arising out of or in connection with the
Subscription, including any associated Course Materials (‘Intellectual Property’)
shall remain the Company. The Company grants you a perpetual, non-exclusive,
non-transferable royalty-free licence to use the Intellectual Property solely for your
personal, non-commercial use. You may not modify, copy, reproduce, re-publish,
sub-licence, sell, upload, broadcast, post, transmit, make available, disseminate,
or distribute in any way or by any means the Intellectual Property without the prior
written permission of the Company.
7.2.For purposes of this clause, “intellectual property rights” means patents,
trademarks, trade names, design rights, copyright, confidential information, rights
in know-how and other intellectual property rights, in each case whether registered
or unregistered and including applications for the grant of any of the foregoing and
all rights or forms of protection having equivalent or similar effect to any of the
foregoing which shall subsist anywhere in the world.
7.3.Kindly take note that the terms of this Section shall survive the termination, early
termination, cancellation, completion, or expiration of your Subscription.
8.1.During your Subscription, we will process your personal data and special
categories of personal data relating to you in accordance with the Company’s
Personal Data Protection Policy and Privacy Notice as may be updated from time
to time. You can obtain a copy of the current Personal Data Protection Policy and
Privacy Notice at any time from the Company. We may transfer your personal data
outside Malaysia in accordance with the Company’s Personal Data Protection
Policy and Privacy Notice. You are required to comply with the Company’s
Personal Data Protection relating to the data processed by the Company. The
terms of this Section shall survive the termination, early termination, cancellation,
completion or expiration of your Subscription
9.1. You are required to pay the initial deposit upon your registration to the Subscription.
The balance of the payment for the Subscription shall be made within seven (7)
days after the date of your first online lesson is fixed. Failure to make payment for
the remaining balance within the seven 7 days period or any such grace period
given by the Company, will result in the cancellation of your Subscription and the
Company entitles to forfeit your initial deposit as of right.
10.1. . Your Subscription with the Company will be terminated in the following
circumstances: -
a. Expiration of your Subscription, i.e. three (3) months from your first online
lesson;
b. If the Company exercises its right to terminate, cancel or discontinue your
Subscription; and/or
c. If you fail to comply with these T&C.
10.2. For the avoidance of doubt, no fees, portion of the fees, or other fees payable under
the Subscription will be refunded upon termination, early termination, cancellation,
completion or expiration of the Subscription for any reason.
11.1. The receipt of your Subscription is personal to you. You must not assign, share or
transfer any of your rights or obligations under your Subscription or provide any
Course Materials to any other person, by operation of law or otherwise, without our
prior written approval (‘assignment’) and such attempted assignment shall lead to
the immediate termination of your Subscription. Subject to the foregoing, these
Terms of Service shall be binding upon and inure to the benefit of the parties hereto,
their successors and permitted assigns.
11.2. You acknowledge that the Company operates a zero tolerance policy in relation to
inappropriate behaviour of students. In particular, abusive or violent behaviour
directed at the Company’s staff or other students and unfair or dishonest practices
will not be tolerated under any circumstances. The Company may, in its
reasonable discretion and without liability or an obligation, refuse to refund any
fee/payment, and/or to terminate the Subscription of any student who engages in
inappropriate behaviour.
11.3. You undertake to make sure that the speaker settings of your electronic devices
are enabled and video is on. Please mute yourself when the speaker is talking.
Your display name in Zoom (or any other online platform) during the online lessons
should be provided in the following format: [Your Registered Name + Last four (4)
digits of your registered phone number]
11.4. Punctuality is to be strictly observed. Any subscriber who fails to be punctual will
be denied access and no replacement of lesson shall be granted.
11.5. You shall be responsible for all local logistics and audio-visual equipment in order
for you to access each online lessons and the three (3) months after-class
mentoring sessions, and for all fees and expenses associated with the foregoing.
12.1. In the event of a breach by you, of any of the obligations as stated in the T&C, the
Company in addition to being entitled to exercise all rights granted by law and
under this Agreement, including recovery of damages, will be entitled to specific
performance of its rights under this Agreement.
12.2. The parties hereby agree that monetary damages would not provide adequate
compensation for any losses incurred by reason of a breach by it of any of the
provisions of the T&C and hereby further agrees that, in the event of any action for
specific performance in respect of such breach, it shall waive the defence that a
remedy at law would be adequate.
12.3. . The sole and exclusive maximum liability to the Company for all damages, losses,
and causes of action (whether in contract, tort (including, without limitation,
negligence), or otherwise) shall not exceed the total amount paid to us by you, if
any, for Subscription to our Service, 20% of your Subscription Fee.
13.1. The Course Materials may also contains hyperlinks to other website (‘Third-Party
websites’) operated by parties other than the Company, its subsidiaries or affiliates,
and other resources and advertisers.
We are not responsible for the availability of these Third-Party websites, nor is it
responsible for any of the contents, advertising, products and or services, or other
materials on such Third-Party websites. Such websites are in no way investigated,
monitored or checked for accuracy or completeness by us.
Inclusion of any linked Third-Party website in the Course Materials does not imply
approval or endorsement of the linked website by the Company, its subsidiaries
and or affiliates.
If you decide to access the Third-Party websites, you do so at your own risk and
you should be aware that our terms and policies no longer govern. You should
review the applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate.
14.1. The sections of the T&C which by their nature are intended to survive the
termination, early termination, cancellation, completion or expiration of your
Subscription including any express limitations of or releases from liability shall
continue as a valid and enforceable obligation of the party notwithstanding any
such termination, early termination, cancellation, completion or expiration.
14.2. The headings in these T&C are for descriptive purposes only and shall not control
or alter the meaning of these T&C as set forth, and do not in any way limit or amplify
the text of these T&C.
14.3. The failure of the Company to exercise or enforce any right or provision of the T&C
shall not constitute a waiver of such right or provision.
14.4. These T&C, including the Company’s policies governing your Subscription,
comprise the entire agreement between you and the Company hereto with respect
to the Subscription and supersedes any other agreements, negotiations,
arrangements and commitments (whether oral or written) with respect to such
subject matters and may not be varied or modified in any manner.
14.5. If at any time during the Subscription, any provision, condition, term, stipulation,
covenant or undertaking of the Agreement or any part thereof is or becomes illegal,
void, invalid, prohibited or unenforceable in any respect the same shall be
ineffective to the extent of such illegality, voidness, invalidity, prohibition or
unenforceability without invalidating in any manner whatsoever the remaining
provisions hereof.
14.6. All disputes or differences between Parties arising under or which are related to
this Subscription upon which an amicable understanding cannot be reached within
ninety (90) days shall be settled by Arbitration in accordance with the Asian
International Arbitration Centre (AIAC) Arbitration Rules, except as hereinafter
provided, and judgment upon the award entered by the arbitrators may be entered
in any Court having jurisdiction thereof. The Parties agree that this Arbitration, if
implemented under this Subscription, shall be held at a site selected by the
Arbitrators in the Malaysia. The language of Arbitration shall be in English.
14.7. The relationship between you and the Company shall be governed and construed
in accordance with the laws of Malaysia. The courts of Malaysia shall have the
jurisdiction to hear any litigation between you and the Company arising out or in
connection with the Subscription, if Parties unable to resolve the dispute via
Arbitration.
For any questions and notices, please contact us at:
Learn Hub LLC
