PM e-School Terms of Use

These Terms of Use (“Terms”) were last updated on March 1, 2020.

PM e-School’s mission is to improve self-development through life-long learning. We enable anyone and anywhere to create and share educational courses (instructors) and to enrol in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. Therefore, we need rules to keep our platform and services safe for us and you, our instructor and student community. These Terms apply to all your activities on the PM e-School website, the PM e-School APIs and other related services (“Services”).

If you publish a course on the PM e-School platform, you must also agree to the Instructor Agreement. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using PM e-School as part of your employer’s PM e-School for Business learning and development program (PMBLD), you can consult our team for the PM E-school Business Privacy Statement.

If you live in Malaysia, by agreeing to these Terms, you agree to resolve disputes with PM e-School through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

Table of Contents

1. Accounts
2. Course Enrolment and One Year Unlimited Accessibility
3. Payments, Credits, and Refunds
4. Content and Behaviour Rules
5. PM e-School ’s Rights to Content You Post
6. Using PM e-School at Your Own Risk
7. PM e-School’s Rights
8. Miscellaneous Legal Terms
9. Dispute Resolution
10. Updating These Terms
11. How to Contact Us

1. Accounts

You need an account for most activities on our platform, including to purchase and to enrol in a course or to submit a course for publication. Keep your password somewhere safe because you are responsible for all activities associated with your account. If you suspect someone else is using your account, let us know by contacting us at [email protected]. You must have reached the age of consent for online services in your country to use PM e-School.

Upon setting up and maintaining your account, you must provide us accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including any harm or damage (to us or anyone else) caused by someone using your account without your permission. In other words, you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user shall be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and PM e-School will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us at [email protected]. We may request some information from you to verify that you are indeed the owner of your account.

Students and Instructors must be at least 18 years of age to create an account on PM e-School in order to subscribe or render our Services. If you are younger than the required age, you are not allowed to set up an account, but we encourage you to invite a parent or guardian to open an account on behalf of you and help you enrol in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services (for example, 18 in the Malaysia), we will terminate your account. Under our Instructor Agreement, you may be requested to verify your identity before you are authorised to submit a course for publication on PM e-School.

You can terminate your account at any time by following the steps by writing to us at [email protected].

2. Course Enrolment and One Year Unlimited Accessibility

When you enrol in a course, you get a license from us to view it via the PM e-School Services and no other use. Do not try to transfer or resell courses in any way. We grant you a One Year Unlimited Accessibility license, except when we must disable the course because of legal or policy reasons.

Under our Instructor Agreement, when instructors publish a course on PM e-School, they grant PM e-School a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enrol in the course. As a student, when you enrol in a course, whether it is a free or paid course, you are getting from PM e-School a license to view the course via the PM e-School platform and Services, and PM e-School is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any rights to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on other sites).

In legal, more complete Terms, PM e-School grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial and educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular course or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit and create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a PM e-School  authorised representative. This also applies to content you can access via any of our APIs.

We generally give a One Year Unlimited Accessibility to our students when they enrol in a particular course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust and Safety Guidelines. The One Year Unlimited Accessibility is not applicable to add-on features and services associated with a course, for example translation captions of courses may be disabled by instructors at any time and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the One Year Unlimited Accessibility is to the course content but not to the instructor.

Instructors cannot grant licenses to their courses to students directly and any such direct license shall be null and void and a violation of these Terms.

3. Payments, Credits, and Refunds

When you make a payment, you agree to use a valid payment method. If you are not happy with your course, PM e-School offers a 30-day refund or credit for most course purchases.

3.1 Pricing

The prices of the courses on PM e-School are determined based on the Terms of the Instructor Agreement and our Pricing Policy. In some instances, the price of a course offered on the PM e-School website may not be exactly the same as the price offered on our other platforms, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who are not registered or logged in, because some of our promotions are available to new users only.

If you are logged into your account, the listed currency you see is currency in Malaysia Ringgit, the same currency as when you created your account. Only one currency is used until further notice. We currently do not enable users to see pricing in other currencies.

If you are a student located in a country where sales and service tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. In certain countries, the price you see may include such taxes.

3.2 Payments

You agree to pay the fees for courses that you purchase, and you authorise us to charge your debit or credit card or process other means of payment (such as PayPal, direct debit, or e-mobile wallet) for those fees. PM e-School works with third party payment processing partners to offer you the most convenient payment methods in your country and to keep your payment information secure.

When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you must agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payments.

3.3 Refunds and Credits

If the course you purchased is not what you were expecting, you can request, within fourteen (14) days of your purchase of the course, that PM e-School credit/ refund your account. We reserve the right to apply a credit or a refund, at our discretion, depending on capabilities of our payment processing partners or the platform from which you purchased your course (website or mobile apps). No credit or refund is due to you if you request it after the fourteen (14) days guarantee time limit has passed.

To request a credit/ refund, you may send email to us at [email protected]. As detailed in the Instructor Agreement, instructors agree that students have the right to receive these credits or refunds under the circumstances that the course fee(s)/ event fee(s)/ training program(s) paid prior to attending the course(s)/ event(s)/ training program(s) as per schedule but the course(s)/ event(s)/ training program(s) did not take place/ are cancelled by PM Resources Sdn Bhd and/ or the instructor(s) due to unforeseen and un-controlled circumstances.

Course fee(s)/ event fee(s)/ training programs paid by participants are strictly non-refundable but is transferable if the participant(s) is not able to attend the event(s)/ course(s)/ training program(s) paid as per scheduled.  Participants are responsible to block and arrange their own schedule to not miss the course(s)/ event(s)/ training program(s).

At our discretion, if we believe you are abusing our credit/ refund policy, we reserve the right to ban your account and to restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms or our Trust and Safety Guidelines, you will not be eligible to receive any credit or refund.

4. Content and Behaviour Rules

You can only use PM e-School for lawful purposes. You are responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with our Trust and Safety Guidelines and the law; and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behaviour on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you. You may not access our Services if you are from a territory such as Israel, where Malaysia businesses are prohibited from engaging in business with or have any dealing or transaction with including its residents, and any entity directly or indirectly owned or controlled by such territory or its residents.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in by sending messages, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Do not post or submit anything that is not yours.

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any courses, questions, answers, reviews or other contents that violate applicable local or national laws or regulations of your country. You are solely responsible for any courses, contents, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Agreement before you submit any course for publication on PM e-School.

If we put a notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behaviour violates our Trust and Safety Guidelines, or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. PM e-School complies with copyright laws.

PM e-School has discretion in enforcing these Terms and our Trust and Safety Guidelines. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and Services.

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Under our Instructor Agreement, we require our instructors to follow the law and respect the intellectual property rights of others.

5. PM e-School’s Rights to Content You Post

You retain ownership of content you post to our platform, including your courses. We are allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow PM e-School to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Agreement.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise PM e-School to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organisations, or individuals who partner with PM e-School for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6. Using PM e-School at Your Own Risk

Anyone can use PM e-School to create and publish courses, and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, therefore you will use PM e-School at your own risk.

PM e-School enables anyone anywhere to create and share educational courses. We host a wide variety of short courses on our online learning marketplace. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enrolled in a course, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. PM e-School has no responsibility to keep such content from you and no liability for your access or enrolment in any course, to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses, you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrolment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we do not own or control. We are not responsible for the content nor any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. PM e-School’s Rights

We own the PM e-School platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You cannot tamper with those or use them without authorisation.

All rights, title, and interest in and to the PM e-School platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of PM e-School  and its licensors. Our platforms and Services are protected by copyright, trademark, and other laws of both Malaysia and foreign countries. Nothing gives you a right to use the PM e-School name or any of the PM e-School trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding PM e-School or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the PM e-School platform and Services:

• access, tamper with, or use non-public areas of the platform, PM e-School ’s computer systems, or the technical delivery systems of PM e-School ’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the PM e-School platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as PM e-School ); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have boring but important legal Terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with PM e-School. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor accepting these Terms and using our Services on behalf of a company, organisation, government, or other legal entity, you represent and warrant that you are authorised to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it does not mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it does not mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrolment and One Year Unlimited Accessibility), 5 (PM e-School’s Rights to Content You Post), 6 (Using PM e-School at Your Own Risk), 7 (PM e-School’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things do not work out right. In legal, more complete language, the Services and the content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (expressed or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will PM e-School or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent into using our Services, for example, if you enrol in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we have been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of One Hundred Malaysia Ringgit (MYR 100.00) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

8.4 Indemnification

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless PM e-School, our group companies, and their officers, directors, suppliers, partners, and agents from and against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

These Terms are governed by the laws of Malaysia, without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and PM e-school consent to the exclusive jurisdiction and venue of federal and state courts in Malaysia.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to us at  [email protected]).

8.7 Relationship Between Us

You and PM e-School agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

9. Dispute Resolution

If there is a dispute, our [email protected] is happy to help you resolve the issue. If that does not work and you live in Malaysia, your options are to go to the small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our [email protected].

9.1 Going to Arbitration

If we cannot resolve our dispute amicably, you and PM e-School agree to resolve any claims related to these Terms (or our other legal Terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.2 The Arbitration Process

Any disputes that involve a claim of less than One Thousand Malaysia Ringgit (MYR 10,000.00) must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with the Asian International Arbitration Centre (AIAC). The arbitration proceedings shall be governed by the AIAC Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than One Thousand Malaysia Ringgit (MYR 10,000.00) must be resolved per the AIACs rules about whether the arbitration hearing has to be in-person.

9.3 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and cannot be used to decide other users’ disputes. If a court decides that this “No class actions” clause is not enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.4 Changes

Notwithstanding the “Updating these Terms” section below, if PM e-School  changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing PM e-School  written notice of such rejection by email from the email address associated with your Account to: [email protected], within thirty (30) days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and PM e-School in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and PM e-School reserves the right in its sole discretion to modify and/ or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11. How to Contact Us

The best way to get in touch with us is to contact our [email protected]. We love to hear your questions, concerns, and feedback about our Services.

Thanks for teaching and learning with us. You can do it!