Standard Term and Conditions
- 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 together with or before or after these terms and conditions unless otherwise agreed in writing and signed by a HeartKnocks staff in terms expressly overruling these terms and conditions.
- Unless the context otherwise requires:
“administrative fee” means the amount from time to time prescribed by HeartKnocks as a non-refundable deposit payable towards any programme fee;
“deferment fee” means a fee of an amount from time to time determined and required by HeartKnocks to be paid by Participant for deferment of a programme in which they are enrolled;
“enrolment card” means a printed, electronic or online document prescribed by HeartKnocks for recording the enrolment of Participant in a HeartKnocks programme;
“facilitator” means a person, not being a HeartKnocks staff, who attends a programme, with the permission of HeartKnocks, 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;
“HeartKnocks” means Heart Knocks Sdn Bhd (1393114-U), a company incorporated in Malaysia;
“HeartKnocks staff” means an officer or an employee of HeartKnocks;
“Participant” means an individual who has enrolled and whose enrolment is recorded on an enrolment card for a HeartKnocks programme;
“programme” and “HeartKnocks programme” means a training, programme or workshop, by any name called, provided by or under the authority of HeartKnocks 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 HeartKnocks; and
references in the singular include the plural and vice-versa.
- No programme shall be considered available unless a schedule for it has been officially announced by HeartKnocks.
- Any communication by Participant required to be made in writing must be made on a prescribed form if so required by HeartKnocks.
- Headings are for ease of reference and shall not be read as limiting the contents of the paragraphs of this document.
- Enrolment in any programme shall always be at the absolute discretion of HeartKnocks and may be subject to Participant having frst completed one or more other programmes, or an equivalent acceptable to HeartKnocks, attending an interview, and complying with such conditions as HeartKnocks may at any time require.
- No agreement on any matter whatsoever, apart from these terms and conditions, can be made on behalf of HeartKnocks unless it is in writing and signed by an authorised HeartKnocks staff.
- Assignment of seats on any programme shall be at the absolute discretion of HeartKnocks 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
- Participation in any programme is subject to Participant completing, submitting and verifying to the satisfaction of HeartKnocks all such documentation and within such time periods as HeartKnocks may from time to time require.
- 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.
- 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 refection and their participation in the programme and may be noted or referred to by the trainer or HeartKnocks during or for the purpose of the programme.
- The frst part of any payment made for or appropriated to a programme shall be deemed to be payment of the administrative fee.
- 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 HeartKnocks unconditionally and in immediately available funds.
- Any fee specifed for a programme series or package shall be applicable only if Participant completes 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 specifcally allowed in writing by HeartKnocks, and the amount of such fee shall be appropriated in payment of the full fee for the individual programmes in the series or package as they occur in time.
- 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.
- 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 confdential information and undertakes not to disclose any such confdential information (except as may be required by any applicable law) unless and until such confdential 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 confdentiality by a third party who is lawfully entitled to disclose it.
- Participant shall indemnify HeartKnocks 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 confdential information in breach of these terms and conditions.
- HeartKnocks shall not under any circumstances whatsoever be responsible for any failure by any Participant, trainer or facilitator to maintain confdentiality of any such acts or statements.
Deferment by Participant
- Participant may transfer their enrolment in a programme to an earlier programme at any time subject to Participant being eligible and a seat being available. Participant enrolled for a programme may not transfer their enrolment to any later programme except at the absolute discretion of HeartKnocks and if allowed any such transfer shall be fnal.
- Participant enrolled for a programme series or package shall complete all programmes comprised therein within 12 months from the commencement of the frst programme in the programme series of package, or by the second occurrence of each programme comprised therein, whichever is the later.
- NO PART OF ANY FEE PAID FOR ANY PROGRAMME SHALL BE REFUNDABLE NOTWITHSTANDING THAT PARTICIPANT MAY NOT HAVE COMPLETED THE WHOLE OR ANY PART OF IT FOR ANY REASON WHATSOEVER EXCEPT ONLY WHERE PARTICIPANT IS EXCLUDED FROM PARTICIPATION BY HEARTKNOCKS AS PROVIDED BELOW.
Cancellation by Participant
- If Participant cancels their enrolment in a programme by notice in writing at least 10 days before commencement of the programme, HeartKnocks 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 HeartKnocks.
- NO PART OF ANY FEE PAID FOR A PROGRAMME SHALL UNDER ANY CIRCUMSTANCES WHATSOEVER BE REFUNDABLE IF CANCELLATION IS MADE LESS THAN 10 DAYS BEFORE COMMENCEMENT OF THE PROGRAMME.
Rescheduling, Cancellation, and Other Changes by HeartKnocks
- HeartKnocks gives no warranty or assurance whatsoever that any programme will be carried out on any scheduled date or for any specifed fee and reserves the right without prior notice to reschedule and cancel and amend the fee for any programme for any reason whatsoever without any liability for any compensation. Upon any programme being rescheduled or cancelled or fee amended by HeartKnocks, Participant shall transfer their enrolment to another programme for which Participant is eligible and a seat is available and make up any shortfall in payments made.
Right to Exclude
- HeartKnocks reserves an absolute discretion, exercisable at any time before, during or after a programme, by the trainer or any officer of HeartKnocks, 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 be refunded less the administrative fee, provided that in the case of any programme which is conducted over more than 5 days and is structured around two or more disparate 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 the administration fee.
- HeartKnocks 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 specifc right, claim, relief or remedy against HeartKnocks 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
- Neither HeartKnocks nor any HeartKnocks 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 fnancial 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 HeartKnocks its servants or agents, any HeartKnocks staff, any trainer, any facilitator or any participant or any other person whatsoever.
Property in Materials and Programme
- HeartKnocks 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 will become the property of HeartKnocks.
- 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 HeartKnocks programme (collectively, “Proprietary Materials”) are, as between Participant and HeartKnocks, the exclusive property of HeartKnocks 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 and to any party whatsoever, whether or not for any fnancial gain or other consideration and shall immediately on demand deliver up and surrender to HeartKnocks all Proprietary Materials under the custody or control of Participant.
Time of the Essence
- Time is of the essence in these terms and conditions and all time periods stipulated shall be construed strictly.
- Unless modifed by notice in writing by Participant, all communications by HeartKnocks 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 HeartKnocks shall be in writing and sent by post or email to the current address or number of HeartKnocks.
- Any refund due from HeartKnocks shall be paid within 30 days.
- These terms and conditions supersede all prior or contemporaneous oral or written understanding, representations, warranties, agreements, promises and communications in whatever circumstances exchanged between Participant and HeartKnocks.
- 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 modifed or replaced by HeartKnocks 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 modifed 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.
- Participant may not assign any rights or beneft under these terms and conditions without the prior written consent of HeartKnocks.
- These terms and conditions, which may be amended by HeartKnocks from time to time without prior notice, and the current version for the time being shall apply as a separate agreement between Participant and HeartKnocks for each programme in which Participant is enrolled.
- 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.
- 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.