Standard Terms & Conditions
Updated at 12th December, 2023
1. Unless otherwise stated these terms and conditions apply to every programme conducted by or under the authority of Heart Knocks Sdn. Bhd. (1393114-U) and shall prevail over all other terms and conditions made before or after or together with these terms and conditions unless otherwise agreed in writing and signed by a Heart Knocks staff in terms expressly overruling these terms and conditions.
Definitions
2. Unless the context otherwise requires:
“administrative fee” means the amount from time to time prescribed by Heart Knocks as a non-refundable deposit payable towards any programme fee;
“enrolment card” means a printed, electronic or online document prescribed by Heart Knocks for recording the enrolment of Participant in a Heart Knocks programme;
“facilitator” means a person, not being a Heart Knocks staff, who attends a programme, with the permission of Heart Knocks, for the purpose of furthering their personal development and learning by being available to assist the trainer in support of the Participants in the programme;
“Heart Knocks” means Heart Knocks Sdn Bhd (1393114-U), a company incorporated in Malaysia;
“Heart Knocks staff” means an officer or an employee of Heart Knocks;
“Participant” means an individual who has enrolled and whose enrolment is recorded on an enrolment card for a Heart Knocks programme;
“programme” and “Heart Knocks programme” means a training, programme or workshop, by any name called, provided by or under the authority of Heart Knocks and includes a programme series or package;
“programme series or package” means any series or package of two or more programmes from time to time designated as such by Heart Knocks; and references in the singular include the plural and vice-versa.
3. No programme shall be considered available unless a schedule for it has been officially announced by Heart Knocks.
4. Where a programme is provided in the form of electronic media, such programme shall be deemed to have commenced immediately upon access being made available to Participant, whether or not Participant utilises such access.
5. Any communication by Participant required to be made in writing must be made on a prescribed form if so required by Heart Knocks.
6. Headings are for ease of reference and shall not be read as limiting the contents of the paragraphs of this Terms & Conditions.
Enrolment
7. Enrolment in any programme shall always be at the absolute discretion of Heart Knocks and may be subject to Participant having first completed one or more other programmes, or an equivalent acceptable to Heart Knocks, attending an interview, and complying with such conditions as Heart Knocks may at any time require.
8. No agreement on any matter whatsoever, apart from these terms and conditions, can be made on behalf of Heart Knocks unless it is in writing and signed by an authorised Heart Knocks staff.
9. Assignment of seats on any programme shall be at the absolute discretion of Heart Knocks and, in particular, without limiting such discretion in any way, a seat assigned to Participant may at any time be withdrawn or re-assigned to some other person without prior notice to Participant:
(a) before Participant has made full payment for the programme, or
(b) due to the participation or presence of some other person in the programme.
Documentation
10. Participation in any programme is subject to Participant completing, submitting and verifying to the satisfaction of Heart Knocks all such documentation and within such time periods as Heart Knocks may from time to time require.
11. Participant warrants that all statements made by them in response to every oral or written request for information, including, without limitation, statements made in any interview, in any health declaration, in the enrolment card, and in any other document submitted by Participant, are true in substance and in fact.
Homework
12. The homework assignments given to Participant prior to or in the course of any programme are intended to aid and guide Participant in their personal reflection and their participation in the programme and may be referred to by the trainer, or any facilitator, or Heart Knocks during or for any purpose related to the programme.
Payment
13. The first part of any payment made for or appropriated to a programme shall be deemed to be payment of the administrative fee.
14. Participation in any programme is subject to payment in full of the applicable fee (together with any tax or levy imposed by law) at least 7 days prior to commencement of the programme and such payment must have been made to Heart Knocks unconditionally and in immediately available funds.
15. Any fee specified for a programme series or package shall be applicable only if and when Participant has completed all the individual programmes comprised in the programme series or package within the time stipulated in these terms and conditions or such longer time as may be specifically allowed in writing by Heart Knocks, and the amount of any fee paid shall in the meantime be appropriated in payment of the full fee for the individual programmes in the programme series or package as they occur in time.
Confidentiality
16. Participant shall not make any recording of any part of any programme by any means and in any form or media whatsoever and shall not take or make any notes of any programme unless expressly directed or allowed by the trainer.
17. Participant agrees that all acts done and statements made, orally or in any tangible form, at any time during the programme by any other participant or by any trainer or facilitator shall be deemed to be confidential information and undertakes not to disclose any such confidential information (except as may be required by any applicable law) unless and until such confidential information has become:
(a) available generally to the public, otherwise than as a result of a breach of these terms and conditions by Participant or any other person, or
(b) disclosed lawfully to Participant without any condition of confidentiality by a third party who is lawfully entitled to disclose it.
18. Participant shall indemnify Heart Knocks and each trainer and facilitator in the programme from all consequences, claims, loss and damage, including legal fees on a full indemnity basis, howsoever arising from any disclosure of any confidential information in breach of these terms and conditions.
19. Heart Knocks shall not under any circumstances whatsoever be responsible for any failure by any Participant, trainer or facilitator to maintain confidentiality of any such acts or statements.
Deferment by Participant
20. Participant may anticipate their enrolment in a programme by participating in an earlier occurrence of the programme subject to Participant being eligible and a seat being available. Participant enrolled for a programme may not defer their participation to any later occurrence of the programme except at the absolute discretion of Heart Knocks and, if allowed, such deferment shall be subject to payment by Participant of any increase in the fee for the programme.
21. Participant enrolled for a programme shall in any event complete it within 12 months from its commencement, or by its second occurrence thereafter, if later.
22. Participant enrolled for a programme series or package shall complete all programmes comprised therein within 12 months from the commencement of the first programme in the programme series or package, or by the second occurrence of each outstanding programme comprised therein, if later.
23. EXCEPT ONLY WHERE EXPRESSLY PROVIDED BELOW, NO PART OF ANY FEE PAID FOR ANY PROGRAMME OR PROGRAMME SERIES OR PACKAGE SHALL BE REFUNDABLE NOTWITHSTANDING THAT PARTICIPANT MAY NOT HAVE COMPLETED THE WHOLE OR ANY PART OF IT FOR ANY REASON WHATSOEVER.
Cancellation by Participant
24. If Participant cancels their enrolment in a programme by notice in writing at least 10 days before commencement of the programme, Heart Knocks will refund any fee paid for the programme, subject to deduction of the administrative fee and all bank and remittance and credit card charges, if any, incurred by Heart Knocks.
25. NO PART OF ANY FEE PAID FOR A PROGRAMME SHALL UNDER ANY CIRCUMSTANCES WHATSOEVER BE REFUNDABLE UNLESS CANCELLATION IS MADE AT LEAST 10 DAYS BEFORE COMMENCEMENT OF THE PROGRAMME.
Discovery Training Only
26. If, after having completed every part of the first 5 days of the Discovery Training without being absent from the training room for any period, or periods in the aggregate, of more than 2 hours after agreeing to the Discovery Ground Rules, Participant considers that they have derived no value whatsoever from the programme, Heart Knocks will, notwithstanding paragraph 23, refund half the fee paid for the programme, less the administrative fee, provided that Participant makes a request for such refund by notice in writing within 24 hours after the end of the fifth day of the programme, provided that this refund is not available for Participant who has attended, wholly or in part, any prior programme (provided by any person whatsoever) which Heart Knocks considers to be similar in content or format to the Discovery Training.
Rescheduling, Cancellation, and Other Changes by Heart Knocks
27. Heart Knocks gives no warranty or assurance whatsoever that any programme will be carried out on any scheduled date or for any specified fee and reserves the right without prior notice to reschedule, cancel, or amend the fee for, any programme for any reason whatsoever without any liability for compensation. Upon any programme being cancelled, Heart Knocks will refund to Participant the fee paid for the programme, less all bank and remittance and credit card charges, if any, incurred by Heart Knocks, or Participant may transfer their enrolment to another programme, subject to payment of any difference in the programme fee.
Right to Exclude
28. Heart Knocks reserves an absolute discretion, exercisable at any time before, during or after a programme, by the trainer or any officer of Heart Knocks, to exclude Participant from participation or further participation or from graduation in the programme without assigning any reason, and without incurring any liability whatsoever, and the fee paid for Participant in the programme so excluded will, notwithstanding paragraph 23, be refunded, less all bank and remittance and credit card charges, if any, incurred by Heart Knocks, provided that in the case of any programme which is conducted over more than 5 days and is structured around two or more separate training conferences or weekend sessions, the amount to be refunded shall be proportionate to the ratio that the number of conferences or weekend sessions which have not commenced bears to the total number of conferences or weekend sessions in the programme, less all bank and remittance and credit card charges, if any, incurred by Heart Knocks.
Programme Experience
29. Heart Knocks gives no warranty whatsoever as to the content of any programme or that Participant will receive or experience any particular results therefrom and Participant agrees to accept each programme as is, and under no circumstances whatsoever shall Participant have any pecuniary, proprietary or specific right, claim, relief or remedy against Heart Knocks nor shall any part of any fee paid therefor be refundable under any circumstances whatsoever otherwise than as expressly provided in these terms and conditions.
Exclusion of Liability
30. Participant agrees that neither Heart Knocks nor any Heart Knocks staff, nor any trainer nor any facilitator shall in any circumstances whatsoever be liable for the death of or any personal injury to Participant or any other person, or for any direct or any indirect or consequential loss or damage to property or any financial or other loss whatsoever suffered by Participant or any other person, howsoever caused, notwithstanding any act, omission, neglect or default whatsoever on the part of Heart Knocks its servants or agents, any Heart Knocks staff, any trainer, any facilitator or any Participant or any other person whatsoever.
Property in Materials and Programme
31. Heart Knocks reserves all rights over all its publications in whatever form or media. All documents and materials in any form or media created by Participant in or for any purpose connected with any programme shall become and be deemed to be the property of Heart Knocks.
32. Participant agrees that all materials, concepts, information, presentations, communications and data in any form whatsoever used or referred to in or in connection with any Heart Knocks programme (collectively, “Proprietary Materials”) are, as between Participant and Heart Knocks, the exclusive property of Heart Knocks and, whether or not any part of the Proprietary Materials is, apart from this paragraph, protected by any law relating to copyright, trademark, trade secret or other intellectual property, Participant shall not at any time during or after the programme directly or indirectly distribute, disseminate, copy or duplicate any Proprietary Materials in any form or manner to any party whatsoever, whether or not for any financial gain or other consideration and shall immediately on demand deliver up and surrender to Heart Knocks all Proprietary Materials under the custody or control of Participant.
Time of the Essence
33. Time shall be of the essence in these terms and conditions and all time periods stipulated shall be construed strictly.
Disclaimer & Privacy
34. Participant is deemed to have read and agreed with the terms of the Privacy Policy published on its website at https://heartknocksglobal.com/privacy-policy/.
Contagious Disease
35. Participant agrees and undertakes to comply with all laws, regulations, guidelines and directives, and other instructions issued by any governmental public health authority, in relation to any contagious disease and shall indemnify and hold Heart Knocks harmless against all whatsoever consequences, direct or indirect, of any failure, neglect, or omission by Participant to so comply.
Legality & Enforceability
36. If any provision in these terms and conditions is invalid, illegal or unenforceable in relation to any event or circumstances arising, Participant agrees that:
(a) such provision may be modified or replaced by Heart Knocks so as to give effect to the intention of such provision without any invalidity, illegality or unenforceability in relation to such event or circumstances, and
(b) in any case, all other provisions in these terms and conditions shall not be affected and shall be valid, legal and enforceable as if such provisions as may be invalid, illegal or unenforceable and not capable of being modified as provided above had been severed from and had not formed part of these terms and conditions in their application to such event or circumstances.
General
37. Unless modified by notice in writing by Participant, all communications by Heart Knocks to Participant by post, email or text messaging shall be deemed to have been received by Participant in due course of events. All communications by Participant to Heart Knocks shall be in writing and sent by post or email or other electronic communication to the address, number or channel published or specified from time to time by Heart Knocks for this purpose.
38. Any refund due from Heart Knocks shall be paid within 30 days.
39. Participant may not assign any rights or benefit under these terms and conditions without the prior written consent of Heart Knocks.
40. These terms and conditions may be amended by Heart Knocks from time to time without prior notice and the current version for the time being published by Heart Knocks shall apply as a separate agreement between Participant and Heart Knocks for each programme in which Participant is enrolled and shall supersede all prior or contemporaneous oral or written understanding, representations, warranties, agreements, promises and communications in whatever circumstances exchanged between Participant and Heart Knocks.
41. Where these terms and conditions are made available in any language other than English, the version in English shall prevail over all other language versions.
42. Any agreement constituted by or incorporating these terms and conditions shall be governed by the laws of Malaysia and subject to the jurisdiction of the courts in Malaysia.
