Terms and Conditions
ReSkills E-Learning Platform
ReSkills EdTech Sdn Bhd, having its office at H-20-1, Block H, Empire City, No. 8, Jalan Damansara PJU 8, Damansara Perdana, 47820 Petaling Jaya, Selangor, Malaysia (« ReSkills »), provides an e-learning platform called “ReSkills” designed for coaches and learners which accessible from the internet (« Platform »).
The Platform is designed to provide OnLive Classes and Learning Videos which conducted by ReSkills Coaches and learners will register the OnLive Classes and Learning Videos in the Platform. Some classes can include ReSkills products and services related content.
By creating an account and using the Platform, you expressly agree to the following terms and conditions:
Account means the individual account allowing the User to access the Platform after acceptance of the General Terms.
Account Admin means an authorised person who is responsible for managing and granting access to an Account.
Force Majeure Event means any act, event or circumstance which are unforeseeable, outside the control of the affected Party and render said Party unable to comply totally with its obligations under the General Terms.
General Terms means these general conditions applicable to the entire Platform. The General Terms are intended to govern all OnLive Classes and Learning Videos provided under the Platform, except when expressly modified or superseded by the Specific Terms.
Introducer means an User who refers his/her family members and/or friends to register an Account on the Platform after acceptance of the General Terms.
Learning Videos mean all video produced and uploaded by ReSkills Coach and ReSkills and to which the User can access on the Platform.
ReSkills Coach means a trainer or coach or mentor who conducts OnLive Classes and produces Learning Videos in the Platform.
OnLive Classes mean all OnLive Classes and classes which conducted online, provided by ReSkills and to which the User can access and register on the Platform.
OnLive Class Material means documentation, whether printed or available online, provided by ReSkills in relation to the OnLive Classes.
User means an Account Holder that is entitled to use the Platform in accordance with the General Terms. Where applicable, ‘User’ may also mean a ReSkills Coach who entitled to use the Platform in accordance with the General Terms.
User Content means all trademark, copyright, logo, trade name, company name, documents, data, video contents and information uploaded by the User to the Platform, including any written materials and commentaries filled in by the User and, where applicable, modifications of results generated or calculated by the Platform.
Article 1 – Acceptance of the Terms
The User may use the Platform, the OnLive Classes under the his/her sole responsibility.
Registration and navigation on the Platform are subject to the full acceptance of the General Terms by the User.
The General Terms form a contract between ReSkills and the User. If the User refuses to be contractually bound by the General Terms, the User may not use the Platform and OnLive Classes.
The General Terms are available at any time on the Platform
Article 2 – Registration on the Platform
2.1 Conditions for User’s registration
Users entitled to register on the Platform must be individual who undertake to use the Platform for strictly professional purposes.
Users may only be granted access to the Platform directly by ReSkills or Introducer and can only access the Platform through an active Account.
In order for the User to have an Account, ReSkills or Introducer will send an invitation link by email/WhatsApp/SMS to the User, requesting him/her to fill in a digital form with his/her information (full name, unique email address, handphone number with country code, password and referral code). The User must give true, correct and complete information about his/her identity. Then the Platform will generate a One-Time Password (OTP) which will send to User’s handphone number. Key in the OTP and the account registration is completed. Need to attend 1 OnLive Class to active the Account.
Users are entitled to use the platform for their personal use and informative and educational purpose only. The Users shall be solely responsible and liable for any his/her use of the Platform. ReSkills has no responsibility or liability for any advice given by Users pursuant to the use of the Platform.
Each User (a) guarantees the truthfulness, accuracy and completeness of the information provided to ReSkills and will be solely responsible for any error, omission and update; (b) undertakes to promptly update the data and information provided when necessary; and (c) must, when no longer a User, (i) notify ReSkills by e-mail/WhatsApp if would like to renew the Account.
Access to the Platform through the Account
As soon as the User accepts the General Terms, the User (a) may access the Platform via the Account, using username and password, created by User, which are personal and remain in the User’s custody; (b) must take all necessary precautions to ensure the confidentiality, security and correct use of the User’s username and password, in order to prevent them from being disclosed or used by to unauthorized third parties; and (c) is solely responsible for the use by any other person of the User’s username and password as well as for any operations carried out via the User’s Account. Any connection to the Account and/or transmission of data made using the Account will be presumed to have been made by the holder of said account and under the User’s sole responsibility. In the event of fraudulent use of the User’s password and/or log in, the User undertakes to inform ReSkills via email as soon as possible.
The holder of the Account is fully responsible for any use of the Account and warrants and represents that the User undertakes to make proper use of the Platform and to comply with the Terms.
Article 3 – OnLive Classes
A User can register for an OnLive Class by clicking on the Register Class and completing the required information.
3.2 Cancellation of the OnLive Class
3.2.1 Cancellation by the User
Users may cancel their participation for an OnLive Class at any time.
3.2.2 Cancellation by ReSkills
ReSkills reserves the right to cancel OnLive Classes, change instructors, or change, update or delete OnLive Classes content at any time. In the event that an OnLive Class is canceled, Users will be received notification via App and Website. ReSkills will make every effort to avoid cancellations.
ReSkills will not be liable for any cancellation, modification or removal of all or part of the OnLive Classes.
3.3. Proper participation in the OnLive Classes
The User shall participate in the OnLive Classes, in strict compliance with the applicable laws, rules and regulations that govern the practice of its profession (in particular the applicable rules of professional ethics and responsibility). The User MUST attend at least ONE(1) OnLive Class every month.
The User undertakes to:
Article 4 – Content
4.1 Nature - Content proposed to the User on the Platform will depend on its preferences.
4.2 Ranking – The content (OnLive Classes) that might be proposed to the User on the Platform might be ranked according to the following criteria:
Date of creation of the content or of last modification;
The demonstrated interest of the User in certain content or information.
Article 5 – ReSkills warranty and disclaimer
ReSkills shall ensure that all OnLive Classes are delivered diligently and in a good, workmanlike, timely and professional manner consistent with industry standards.
The OnLive Classes will be performed as described in the individual class agendas.
ReSkills shall provide coaches to present the OnLive Class as it, in its sole discretion, deems fit and ReSkills shall be entitled at any time to substitute any coach with any other person who, in ReSkills sole discretion, it deems suitably qualified to present the relevant OnLive Class.
ReSkills does not warrant that the provision of any content online will always be available or be uninterrupted, timely or error free, that defects will be corrected or that such content is secure or free from bugs, viruses, errors and omissions.
The OnLive Class and OnLive Class Material are provided “as is, where is”. There are no warranties, express or implied, by operation of law or otherwise for the use or results of the course and materials, that the User will successfully complete the course, or that any particular level of knowledge will be attained by the User. The User is therefore solely responsible to determine whether the OnLive Class hours completed via the Platform are eligible for any official recognition by their local authorities in terms of continuing education.
ReSkills disclaims any implied warranties including the implied warranties of merchantability and fitness for a particular purpose.
Article 6 – Termination
The General Terms come into force for an indefinite period as from their acceptance by the User, subject to termination or deactivation in accordance with the General Terms.
In the event of non-compliance with the General Terms by a User, ReSkills may decide to terminate the General Terms with respect to that User immediately.
In the event of termination by either party and for any reason whatsoever, ReSkills will terminate the User's access to the Platform.
Article 7 – Deactivation and Deletion of the Account
7.1 Deactivation of the Account
The User may deactivate his/her Account after the expiration of his/her account. The deactivation of the Account does not lead to its deletion. The User may ask ReSkills to reactivate his/her Account at any time.
ReSkills may also deactivate the User Account if non-compliance with the General Terms or refusal to accept the General Terms updates.
7.2 Deletion of the Account
The User may decide to delete his/her Account for any reason whatsoever by sending a request to ReSkills.
ReSkills will delete the User Account in the following cases:
Users confirmed that they will not renew their Account after the expiration date.
After 18 months of deactivation of the Account without notice ReSkills.
Article 8 – Financial Conditions
No fees for use of the Platform or for registration to the OnLive Classes are charged by ReSkills to the Users who signed up through the referral link in year 2021 and its valid for a year subscription. There will be charges for renewal on the 2nd year for USD150 which optional for user. Certain classes will be remained free for promotion campaign.
Article 9 – Liability
9.1 ReSkills’s liability
ReSkills does not guarantee the accessibility and permanent, proper functioning of the Platform or the OnLive Classes, which the User acknowledges and accepts. An interruption of the Platform or the OnLive Classes may occur from time to time for technical reasons.
ReSkills incurs no liability in the event of unavailability of the Platform and/or of all or part of the OnLive Classes due to any technical defect, problem or reason, including (but not limited to) traffic congestion on the Internet, failure of Internet service providers, human or electrical error, malicious intervention, software or hardware malfunctions and/or Force Majeure Event.
ReSkills does not accept responsibility for anyone acting as a result of information in, or views expressed on, its OnLive Class. ReSkills provides information related notably to the knowledge and skill sets through the OnLive Classes. Such information shall not, in any case, replace the ReSkills Coach independent and professional expertise, judgment and, if applicable, diagnosis. ReSkills is not liable for any activities that happen outside of the Platform.
ReSkills shall not be liable for any direct, indirect or special damages (loss of data, financial loss, loss of profit, loss of opportunity) that the User may suffer as a result of the Platform and OnLive Classes, for any reason whatsoever, including (but not limited to) access or inability to access the Platform and OnLive Classes, use or inability to use the Platform or any specific OnLive Class or the functioning or non-functioning of all or part of the OnLive Classes. This applies notably to damages that may result from inaccurate content and notably errors, slowness or interruption in transmission, loss, disappearance or alteration of data, computer virus, whatever their origin, intrusions by third parties, etc.
ReSkills shall not be liable whatsoever in relation to User Content, which is provided by the User under its sole responsibility, and in full knowledge of the facts.
9.2 User’s liability
The User is solely responsible for (a) complying with the applicable and legally binding rules governing his/her profession; (b) the decision to register on the Platform; (c) participate in the OnLive Classes; (d) the choice to share certain information or recommendations provided by the Platform as part of the OnLive Classes.
The User (i) shall indemnify, hold harmless and defend ReSkills against any action, proceedings, claim, complaint or demands whatsoever, by any person arising out or resulting from the User's activity or use of the Platform and OnLive Classes; and (ii) undertakes to bear all costs, attorneys' and experts' fees and all damages that ReSkills may be ordered to pay in this context by a court decision relating to the formation, performance and/or termination of a contract concluded between the User and ReSkills, without prejudice to any damages that ReSkills may claim from the User.
Article 10 – Intellectual Property
All intellectual property rights in relation to the Platform and its content (texts, images, videos, databases, sounds, photographs, business names, logos, trademarks, etc.) but excluding the ReSkills Coach Content, are and remain the property of ReSkills and/or its affiliates, or are subject to licenses and/or authorizations granted to ReSkills by third parties.
The User is only authorized to use the Platform and its content in accordance with the General Terms. The User may not reproduce, make available to the public, perform, publish or modify any part of the Platform and its content without the prior, written agreement of ReSkills.
OnLive Class Material
OnLive Class Materials are the sole property of ReSkills. All intellectual property rights in all OnLive Class Material available, including the design, graphics and text of all printed materials and the audio and video of all webinars and podcasts, are owned by ReSkills or are subject to licenses and/or authorizations granted to ReSkills by third parties.
When the User is given access to the OnLive Class Material, the User is granted a non-exclusive, non-transferable, revocable license to use the OnLive Class Material. No OnLive Class Material may be copied, reproduced, uploaded, posted, displayed or linked to in any way, in whole or in part, without ReSkills prior permission. Any such use is strictly prohibited and will constitute an infringement of ReSkills intellectual property rights.
Article 11 – Personal Data Protection
Article 12 – Confidentiality
The User undertakes to keep strictly confidential all information relating to ReSkills and the Platform, except for information that is properly in the public domain through no action or fault of the User. The User will take the necessary measures to ensure that this obligation is respected by any person that may be authorized to access to such confidential information.
The User’s confidentiality obligations will apply during the use of the Platform and for a period of 5 years after the termination of the General Terms in relation to that User.
Article 13 – Modification of the Terms
The User acknowledges and accepts that the Platform developed by ReSkills is an innovative tool and will evolve in order to add, replace or remove certain features, OnLive Classes.
ReSkills reserves the right to amend the General Terms at any time.
Upon the User’s first log in to the Platform after the General Terms have been amended, the User will be provided with the opportunity to read and review the new General Terms, and either (i) accept; or (ii) refuse them. If the User refuses the new General Terms, the User’s access to the Platform will be deactivated and the User will not be able to use the OnLive Classes anymore.
Article 14 – Final Provisions
If ReSkills does not take advantage of or enforce any of the provisions of the General Terms, it may not be interpreted by the User as a waiver of it.
14.2 Entire Agreement and severability
The General Terms constitute the entire agreement between the User and ReSkills relating to the Platform and the OnLive Class and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Platform or the OnLive Class or any other subject matter covered by these General Terms. If any provision of these General Terms and or/Specific Terms is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
14.3 Independence of the Parties
ReSkills and the User are independent entities, acting in their own name and under their sole responsibility. It is specified that the User carries out his or her activity on the Platform in complete autonomy and at his or her own risk.
The Platform should in no way be a substitute to the ReSkills Coach’s individual and independent professional expertise, review, judgment and/or diagnosis.
14.4 Law and jurisdiction
The Terms are governed by and construed in accordance with the laws of Malaysia.
Any dispute between ReSkills and the User arising out of the interpretation, execution or termination of the General Terms which cannot be resolved amicably shall be settled by the competent courts of Malaysia, notwithstanding any incidental claim or guarantee, or in the event of multiple defendants.