Terms of Service

JM Academy- Terms of Service

This document sets out the Terms and Conditions (“Terms'') on which "JM Academy" The TPSM JM GROOMING ACADEMY SDN BHD. having its registered office at Lot 1F-01, Tropicana Gardens Mall, 2A, Persiaran Surian, Tropicana Indah, 47810 Petaling Jaya, Malaysia. (“We”, “Us” Or “Our”) provides you (“You” Or “Your” Or “User”) with access to the ‘JM Academy’ (the “platform”). Please read these terms very carefully.

By creating an account through the website or otherwise using the Platform, you indicate your acceptance of these terms of service. If you do not accept these terms of service, then do not use this platform or any of its content or services.

These terms of service may be amended or updated by JM Academy from time to time without notice and the terms of service may have changed since your last visit to this website. It is your responsibility to review these terms of service for any changes. Your use after any amendments or updates of these terms of service shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this website from time to time will be subject to these terms of service, unless stated otherwise. You should visit this page periodically to review these terms of service.

In order to use the services, you must register with us and provide certain information. For information on how we use your personal information, please see the JM Academy privacy policy, the terms of which are incorporated by reference into this agreement. If you do not agree with our privacy policy, do not use our Platform or services.

Definitions :

“Platform” refers to the object code form of the JM Academy Platform(s), available for on web browser, download through the Apple, Windows, Google Play and Amazon app stores. The JM Academy Platform offers an online space that enables users (“Users”) to create, publish, host, offer, search for, and book volunteering events. Users who create, publish, host, and offer events are “Admins” and users who search for, or book are “Volunteers.” Admins creates activities, excursions and events (“Events”) . You must register an account to access and use many features of the Platform, and must keep your account information accurate.

Use of the Service

You must be at least 18 years old to register to the platform as a User. In order to register you must provide your full name, email address, and additional information required by the event that you are affiliated with. Any personal information provided by You to us will be stored in accordance with the JM Academy Privacy Policy, which You should read carefully. We ask that to provide your real name when creating an account. You will be solely responsible and liable for any and all loss, damage, and additional costs that we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information as needed. Here are the commitments Users make to us relating to registering and maintaining the security of their account:

Volunteering Disclaimer

By agreeing on volunteering at events hosted in JM Academy, you agree to comply with local laws and health and safety requirements. Organisers of JM Academy will not be held accountable for such incident of death(s) or the loss of properties.

User’s responsibilities

Provide accurate information when registering and keep such information up to date;
Keep your user login details and access to the Platform secured. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately if you suspect or become aware of any unauthorized use of your email login or password or any other breach of security; and
Treat the other users of the Platform with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the general User conduct guidelines in Section 6 below. We reserve the right to terminate your access to the Platform and take appropriate legal action if you are in breach of these requirements or the restrictions in the section below;
Agree not to upload any content or create any User Groups, events that are harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
If we disable a User’s account, they will not create another one without our permission.
Users under 18 are only permitted with a parent or legal guardian's supervision (including that parent or guardian agreeing to these Terms of Service and our Privacy Policy on behalf of the User).
If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Except as expressly permitted in these Terms, you shall not, and shall not permit others to ;

modify, translate, create derivative copies of or copy the Platform, in whole or in part;
reverse engineer, decompile, disassemble or otherwise reduce the object code of the Platform to source code form;
distribute, sub-licence, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer the Platform or your right to use the Platform;
remove or modify any copyright, trademark, or other proprietary notices belonging to us or our licensors contained within the Platform; or
use the Platform in any manner not expressly authorised by these Terms

JM Academy's responsibilities

We endeavour to provide the best service we can, but you understand and agree that the features, functionality, information and materials provided on or through this website are provided "as is." specifically, but without limitation, JM Academy does not represent, warrant or offer any conditions that:

The information or materials on this website are correct, accurate, reliable or complete;
The functions contained on this website will be uninterrupted or error-free;
Defects will be corrected, or
This website or the technology (s) that makes it available are free of viruses or other harmful components. JM Academy specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the website is at your own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. JM Academy does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any product or service advertised or offered by any third party through the website or in respect to any website that can be reached from a link on the website or featured in any banner or other advertising on the website, and timecounts shall not be a party to any transaction that you may enter into with any such third party

Under no circumstances shall JM Academy shall be held liable for any indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any indirect, incidental, special, consequential, exemplary or other damages that result from

Your use of or your inability to use, this website or any of the information or materials contained on this Platform,
The cost of procurement of substitute goods, data, information or services
Errors, mistakes, or inaccuracies in the materials on the website,
Personal injury, death or property damage of any kind whatsoever arising from or relating to your use of the Platform,
Any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website, or
Any errors or omissions in any material on the website or any other loss or damage of any kind arising from or relating to your use of the Platform. These limitations shall apply even if JM Academy has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by law.

We reserve the right to make changes to the Platform or part thereof from time to time including without limitation, the removal, modification and/or variation of any elements, features and functionalities of the Platform.
Without prejudice to our other rights and remedies, we reserve the right to temporarily or permanently suspend or disable your access to the Platform at any time without notice to you in the event you breach any of the provisions herein.
In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorised use of the Platform, and/or your use of the Platform is in breach of these Terms, we reserve the right to take any action that we deem necessary, including terminating without notice your use of the Platform and, in the case of illegal use, instigating legal proceedings.

Use of the Platform

Where you access the Platform, you acknowledge and agree that:

JM Academy is in no way linked, connected or affiliated with Apple, Amazon, Google Play, Windows or Android;
Access to and use of the Platform may be limited by your network carrier and will be limited if you are attempting to access the Platform from outside the area of your network carrier;
You acknowledge you will not be able to access and use certain functionalities of the Platform unless you have internet access through a GPRS, 3G or Wi-Fi connected mobile device. All traffic charges or access charges incurred due to the use of the Platform are subject to your agreed terms with your mobile network provider.
Neither your airtime provider nor any app store or kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) shall bear any responsibility or liability whatsoever in relation to sale, distribution, functionality, accessibility, support or performance or non-performance of the Platform;
Your airtime provider and any App kiosk or kiosk operator (including but not limited to GooglePlay App Store, Apple AppStore, Amazon and Windows Phone Marketplace) are third party beneficiaries in respect of this clause
JM Academy is solely responsible for providing any support and maintenance in respect of the Platform; and you will comply with any applicable third party terms and conditions in your use of the Platform.

Term and Termination

These Terms will remain in full force and effect while you use the Platform. We may, at any time and for any reason, terminate these Terms with you and deny you access to the Service. In the event of termination of these Terms for any reason, you must not attempt to use the Platform.

Intellectual Property

Other than in relation to any links to third party websites, JM Academy have a licence to use all right, title and interest in and to the Platform, including without limitation all copyright and any other intellectual property rights therein. These Terms shall not be construed to convey title to or ownership of the Platform or the content contained therein to you. All rights in and to the Platform or content not expressly granted to you are reserved by us. You are expressly prohibited from removing, modifying, altering or using any registered or unregistered marks/logos owned by us, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the intellectual property rights owned and/or licensed to us, without first obtaining our written permission.

Warranties

Any content, information or material provided to you as part of the Service is provided on an ‘as is’ basis for your convenience only. Such content, information and material does not constitute advice or a recommendation and therefore it should not be solely relied on to assist in making or refraining from making a decision, or to assist in deciding on a course of action. To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the Service, and any content, information or materials provided therein.

Liability

Use of the Platform is provided free of charge.

We shall not be responsible for any:

losses, damages, costs and expenses which were not reasonably foreseeable to be incurred by you and could not have been reasonably foreseeable by you or us on entering these Terms;
or loss of profits, contracts or business, loss of an anticipated outcome or anticipated savings.

We accept and do not limit our liability to you for the following categories:

death or personal injury;
negligent misrepresentation, fraud or fraudulent misrepresentation;
any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982.

Data Protection and Privacy

We are committed to protecting (i) your privacy; and (ii) the confidentiality of the information provided by you using the Platform. For the purposes of the Data Protection Act 1988, the data controller is JM Academy having its registered office at Lot 1F-01, Tropicana Gardens Mall, 2A, Persiaran Surian, Tropicana Indah, 47810 Petaling Jaya, Malaysia.
Where you provide any personal information through the Platform, for example where you register and set up an account, we shall use that information for the following purposes:

to assist in providing you with the features and services in the Platform;
to inform you about changes to the Platform;
and to inform you about additional content and features of the Platform.

We may disclose your personal information to third parties afliated the the event (ie providing information to third parties for verification of user) :
All information you provide to us is stored on our secure servers. These servers may be located outside the European Economic Area, and accordingly your data may be transferred and stored outside the EEA. By submitting your personal data, you agree to this transfer and/or storing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with data protection principles. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Platform; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

General

You may print and keep a copy of these Terms, which form the entire agreement between you and us and supersede any other communications or advertising with respect to the Platform.
These Terms may only be modified with our prior written consent. We may alter or amend these Terms at any time, with immediate effect and without notice. By continuing to use the Platform after such alteration, you will be deemed to have accepted any amendment to these Terms.
These Terms and their performance shall be governed by and construed in accordance with the laws of Malaysia and the parties hereby submit to the non-exclusive jurisdiction of the courts of Malaysia.
You shall comply with all foreign and local laws and regulations which apply to your use of the Platform in whatever country you are physically located, including without limitation, consumer law, export control laws and regulations.
You agree that because of the unique nature of the Platform, and our proprietary rights therein, a demonstrated breach of these Terms by you would irreparably harm us and monetary damages would be inadequate compensation. Therefore, you agree that we shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of these Terms.
If any provision of these Terms is declared void, illegal, or unenforceable, the remainder of these Terms will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
Any failure by any party to these Terms to enforce at any time any term or condition under these Terms will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of these Terms.
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the non-performing party uses reasonable efforts to avoid or remove such causes of non-performance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
Nothing in these Terms shall give, directly or indirectly, any third party any enforceable benefit or any right of action against us and such third parties shall not be entitled to enforce any term of these Terms against us.
If you feel that any materials appearing on the Platform are offensive, objectionable or potentially defamatory please contact us providing full details of the nature of your complaint and the materials to which the complaint relates.

JM Academy Grooming reserves the right to modify or update these Terms and Conditions at any time without prior notice.

Fee Refunds: The school fees, once paid, are non-refundable under any circumstances, in accordance with the terms and conditions outlined in our enrollment agreement.
Course Cancellation: The grooming school reserves the right to cancel or reschedule any course due to unforeseen circumstances or insufficient enrollment. In such cases, students will be notified as soon as possible, and alternative arrangements will be made.
Attendance: Students are expected to attend all scheduled classes and practical sessions. Absences may affect eligibility for certification and may require additional makeup sessions at the student's expense.
Certification: Completion of the grooming course does not guarantee certification. Certification is subject to satisfactory completion of all course requirements, including theory and practical examination.
Code of Conduct: Students are expected to adhere to the grooming school's code of conduct, which includes professionalism, respect for instructors and fellow students, and compliance with all safety protocols and procedures.
Changes to Fees: The grooming school reserves the right to revise course fees and charges at any time. Any changes to fees will be communicated to students in advance.
Miscellaneous: Other terms and conditions may apply, and students are encouraged to review all relevant policies and procedures provided by the grooming school.

Last Update: April 2024