Terms of Use

Effective Date: 22 October 2021

Introduction

These Terms of Use and the Privacy Policy (collectively “Terms”) govern the relation between you and Nexus Learning Studio Sdn Bhd (“us”, “we”, or “our”), your use of our website (https://www.theenglishstudio.com.my/)(“Website”), and/or your purchase, use, or participation in any of our programmes, courses, or lessons (“Services”).

1. Acceptance of Terms & Acknowledgments

Please read these terms carefully. By accessing or using the Website or purchasing or participating in any Service you accept and agree to be legally bound by these Terms.

  1. These Terms apply to the Website and the Services, including any updates or changes made thereto.
  2. Changes to these Terms: If we make changes to these Terms we will post the updated Terms of Use here and the updated Privacy Policy here. Your continued use or access of the Website or Service after the effective date of the new Terms will constitute your acceptance of the Terms and agreement to be legally bound by the new Terms.

2. Limited License

Subject to these Terms and we grant to you a non-exclusive, non-transferable, non-sublicensable, personal, limited, revocable license to use the Website and the Service. We reserve all rights in and to both the Website and the Service.

3. Copyright & Trademark

  1. All intellectual property rights in and to the Website and the Service belong to Nexus Learning Studio Sdn Bhd or their licensors.
  2. The rights granted herein are licensed (not sold) to you.
  3. You have no rights in, or to, the Website, the Service, or the content thereof other than the right to use the Website or Service in accordance with these Terms.
  4. All trademarks, service marks, trade names, and logos are proprietary to Nexus Learning Studio Sdn Bhd or used by Nexus Learning Studio Sdn Bhd with the owner’s permission. Nothing contained in these Terms, the Website, or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website or used by Nexus Learning Studio Sdn Bhd without our written permission. Your use of the trademarks displayed in the Website or Service, or any other content in the Website or Service, except as provided herein, is strictly prohibited.

4. Restrictions

Except as expressly permitted by these Terms:

  1. The copy, reproduction, publication, further distribution, or public exhibition of any material provided by or through the Website or Service is strictly prohibited.
  2. Posting, uploading, submitting, or transmitting any material that violates, or encourage conduct violating, any applicable law or regulation is strictly prohibited.
  3. Posting, uploading, submitting, or transmitting any content that is fraudulent, false, deceptive, or misleading is strictly prohibited.

5. Provided “As Is”, Disclaimer of Warranties, & Limited Liability

  1. THE WEBSITE IS PROVIDED “AS IS” AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED. ANY RELIANCE ON OR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
  2. Nexus Learning Studio Sdn Bhd shall not have any obligation to furnish any maintenance and/or support services with respect to the Website or the Service. We expressly disclaim any liability for loss or damage sustained by you caused by or arising from your access and/or use of the Website or Service.
  3. You agree that you use the Website or Service at your own risk. To the fullest extent permitted under applicable law, in no event shall we be liable to you personally for any loss, injury or damages (including but not limited to any special, indirect, consequential, or punitive damages, lost profits, lost revenues or other incidental damages) arising out of the use, inability to use, or the results of use of the Website or Service.

6. Payment

Payment is required prior to scheduling the Service.

7. Refunds – please refer to Refund Policy

8. Governing Law

You agree these Terms and any claim or dispute arising from or related to these Terms or the App are governed by the laws of Malaysia without regard to any conflict of law provisions.

9. Indemnity

To the extent permitted by applicable law, you agree to indemnify us for any claims, actions, demands, losses, liabilities, damages, costs, and expenses (including legal expenses and other costs, such as attorneys’ fees) reasonably incurred by us arising from your use of the Website or the Service or your breach of these Terms. We reserve the right to assume the exclusive defense and control of any claim brought by a third party in connection with your use of the Website or the Service and you agree to assist and cooperate with us in relation to any such claim.

10. Severability

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any term is unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11. No Waiver of Rights

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

12. Miscellaneous

  1. Section Headings: The use of headings in these Terms are for reference only and shall not affect the meaning or interpretation of these Terms.
  2. Events Outside Our Control: We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.

13. Entire Agreement

These Terms constitute the entire agreement between you and Nexus Learning Studio Sdn Bhd with respect to your use of the Website or the Service. These Terms supersede all prior understandings or agreements between you and Nexus Learning Studio Sdn Bhd. Furthermore, you have voluntarily agreed to these Terms without relying on any statement, representation, assurance, or warranty other than those set out in these Terms.