Terms of Use

Last updated: 25 March 2016.

1. Introduction

This agreement binds you or the company you represent ("You," or "Your") to the terms and conditions set forth herein in connection with your use of Rojo Sea Works Sdn Bhd's ("Our", "We", or "Company") software, mobile applications, services or other offerings on our site (collectively, our "Products"). By using any of the company's products or clicking on the "Signup" button, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, click on the "Cancel" button and do not use the company's products. Company's acceptance is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If these terms and conditions are considered an offer by company, acceptance is expressly limited to these terms.

2. Privacy policy

Any personal information submitted in connection with Your use of the Products or the Site is subject to Our Privacy Policy under the Personal Data Protection Act 2010 (“Privacy Policy”), located here; which is hereby incorporated by reference into these Terms.

We reserve the right to amend, modify, add, delete and make corrections to our Privacy Policy and Specific Terms of Use herein at any time and from time to time, effective upon posting. You agree to review these Personal Data Protection Act and Specific Terms of Use periodically to be aware of such amendments, modifications, additions, deletions or corrections.

3. General Disclaimer

The Site is only a marketplace for training providers, trainers and participants. Participants can be individual or corporate customers signing as a member enquiring and/or purchasing from this marketplace.

4. Prices, Additional Charges and Best Price Guarantee
A. Prices and Guaranteed Execution

There will also be promotional prices for certain selected courses that are registered via Quorsé or our Partner.

Courses with the Guarantee Execution label are guaranteed to run once payment has been made and regardless of the number of participants for that course. There is no additional fee for guaranteed execution courses and bookings are non-cancellable and non-refundable.

B. Promotional Prices

The promotional price will be a discounted price from the published price.

C. TimeTicker

Time Ticker deals will be offered as part of Quorsé's marketing campaign as limited time offer.

D. Tax-Malaysian GST

All rates quoted are in Malaysian Ringgit, subject to the Malaysian Goods and Services tax of 6%. Please be advised that the tax rate may be subjected to change from the Malaysian government, which would be reflected in charges.

E. Additional Charges

Any/all requests for courses to be conducted at a customer's premise outside the location of the trainer will be subjected to additional charges for hotel, travel allowance and miscellaneous allowance, the amount of which shall be notified to You. If the trainer is in the same location as customer, no additional hotel and travel allowance will be charged.  An invoice will be sent to customers. Payment must be made to Our bank account at least seven (7) days prior to commencement of the course.

Processing fee will be charged for payment made using credit card or direct transfer and processing fee are not refundable for any cancelation/postponement.

5. Conduct

You may only access the website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Products. You agree not to use the Products or the Company Content (as defined below) to recruit, solicit, or contact in any form trainers, training providers or potential users for employment or contracting for a business not affiliated with us without Our advance written permission, which may be withheld in Our sole discretion. You assume any and all risks from any meetings or contact between You and any Trainers or other Users of the Products.

6. Registration
A. Personal Account

Participants that register and obtain an account, username and password for his/her individual use.

When You register, the information You provide to us during the registration process will help us in offering content, customer service, and network management (“Account Information”). Your Account Information should include your full name, email address and password. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorised use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorised access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the consent of the account holder. In cases where You have authorised or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

B. Business/Corporate Account

User that register and obtain an account, username and password at his/her capacity for his position or on behalf of his company/organisation. There may be multiple users for this type of account.

To be a Corporate User(s), you will need to fill up our Corporate Registration Form. The information You provide to us during the registration process will help us in offering content, customer service, and network management (“Account Information”). You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorised use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorised access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorised or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

C. Trainers

Trainer is an individual who registers and obtains an account, username and password to be part of the affiliated trainer of Quorsé.

To register, You will need to fill up the Trainer Registration Form. The information You provide to us during the registration process will help us in offering content, customer service, and network management (“Account Information”). You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorised use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorised access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorised or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

D. Providers

Training Provider is an entity that register and obtain an account, username and password to be part of the community of training providers in Quorsé. The Training Provider can publish and market their courses in the marketplace.

To register, You will need to fill up the Training Provider Registration Form. The information You provide to us during the registration process will help us in offering content, customer service, and network management (“Account Information”). You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your "Account") and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Products. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying us of unauthorised access to Your Account.

You may not transfer Your Account to any other person and You may not use anyone else's Account at any time without the permission of the account holder. In cases where You have authorised or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such User; (ii) controlling the User's access to and use of the Products; and (iii) the consequences of any misuse.

7. Cancellations & Postponement Policy
A. Cancellation Policy

By making an enrolment on our Site, you accept and agree to the relevant course enrolment conditions, including our cancellation policy.

In the event of enrolment cancellation, certain portion of the fee paid and the processing fee shall be forfeited. The amount of which is dependent on when the cancellation was made:

Thirty one (31) working days and above prior to the event date: RM 100 admin fee only

Fifteen (15) to Thirty (30) working days prior to the event date: RM 100 or 10% of the fee; whichever is higher

Nine (9) to fourteen (14) working days prior to the event date: RM 100 or 30% of the  fee; whichever is higher

Less than nine (9) working days prior to the event date: RM 100 or 50% of the fee; whichever is higher

B. Postponement Policy

By making an enrolment on our Site, you accept and agree to the relevant course enrolment conditions, including the postponement policy.

Should you choose to postpone your enrolment, written notice must be made at least 10 working days before course commencement to helpdesk@quorse.com. An administration fee of RM100 or 10% of the course fee, whichever is higher, will be charged and the processing fee will be forfeited.

Quorsé retain the balance of the value as a training voucher which can be utilised within the next three (3) months to book for courses within offered in Quorsé's training calendar.

If you are not able to attend the course due to illness or medical procedures, we will allow you to postpone your course if you are able to provide doctor's official letter stating that you are unable to attend the course. We will offer you the value of the fee you paid in a training voucher for your future course which must be utilised within three (3) months from the date of credit issuance.

Please submit your case to helpdesk@quorse.com. Note that a postponement fee will apply.

We always do our best to adhere to the published schedule. We are fully aware that reschedules / cancellations not only disrupt our participants' training plans, it affects our on time performance too. However, just like any other training providers, sometimes classes are cancelled for various reasons, which include trainer on MC. In the event cancellation is unavoidable, participants can either:

    I. enrol the next available course without additional charges; 

   II. retain the value of the fee as training voucher where you can utilise the value within the next three (3) months to book for course(s) within Quorse's training calendar.

8. Refund Policy

If You are not satisfied with the training received, do inform the Company thru helpdesk@quorse.com within ten (10) working day starting from the end date of the training. The Company will investigate and if the complaint received is deem reasonable, a full refund minus RM 100 as administrative fee will be issue and the processing fee will be forfeit as well. Bear in mind the refund process will take roundly 3 weeks starting from the date Company deem the complaint received are reasonable.

9. Course Rating and Trainer Rating

Ratings help us to build the credibility, popularity and reputation on Our course(s) and trainer(s). At Quorsé, We work hard at helping Our users to make informed decisions when buying on Quorsé.

A. Course Rating

The course rating is an indication of the rating given by past participant(s) on the course(s) they have attended.  The rating is based on the relevancy of the course content, meeting its objectives, being well organised and easy to follow. The higher the score, the better the rating.

B. Trainer Rating

The trainer rating is an indication of the rating given by the past participant(s) on the course(s) they have attended. This rating is based on the competency of the trainer in the subject matter, communication skills, practicality of examples and case studies used during the session as well as how engaging was the trainer's delivery. The higher the score, the better the rating.

10. Service Level Agreement (SLA)
A. Service Up-time

Maintaining high availability and up-time of our website and its services are some of our top priorities, to ensure you have seamless experience when utilising the services provided. However, there may be instances where availability and up-time may be affected.

B. Data Security

We agree never to sell, make public, or distribute Your details that we keep with Your account records. This information is for internal use and will never leave the company. Please see Our Privacy Policy for more information.

11. Content, Licenses & Permissions

All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyright-able materials or content, including the selection and arrangements thereof is "Content." Where the Company provides Content to You in connection with the Products, including, without limitation, the Software and the Products and the Site, it is "Company Content." Content uploaded, transmitted or posted to the Site or through the Products by a User is "Submitted Content." Content remains the proprietary property of the person or entity supplying it (or their affiliated and/or third party providers and suppliers) and is protected, without limitation, pursuant to Malaysian and foreign copyright and other intellectual property laws. You hereby represent and warrant that You have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to Company with respect to Your Submitted Content and that Company shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use or exploitation of Your Submitted Content as authorised in these Terms or have any liability to You or any other party as a result of any use or exploitation of Your Submitted Content as authorised in these Terms.

You hereby grant the Company a non-exclusive right and license to reproduce, distribute, publicly perform, offer, market and otherwise use and exploit the Submitted Content on the Site and through the Products, and sublicense it to Trainers and Users for these purposes directly or through third parties. Notwithstanding the foregoing. You have the right to remove all or any portion of Your Submitted Content from the Site at any time. Removal of Your Submitted Content will terminate the foregoing license and rights sixty (60) days after such removal as to new uses, provided, however, that any rights given to Users prior to that time will continue in accordance with the terms granted to such Users.

The Company hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which You have paid all required fees, solely for Your personal, non-commercial, educational purposes through the Site and the Products, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Products. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless We give You explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to You. Trainers may not grant You license rights to Submitted Content You access or acquire through the Services and any such direct license shall be null and void and a violation of these Terms.

You agree that We may record all or any part of any Courses (including voice chat communications) for quality control and delivering, marketing, promoting, demonstrating or operating the Site and the Products. You hereby grant the Company permission to use Your name, likeness, image or voice in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Site, Products, Courses, Company Content and Submitted Content and waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection therewith, to the extent permissible under applicable law.

The Company respects all copyright, privacy, defamation and other laws relating to content and information and will not tolerate violation of such laws. Notwithstanding the foregoing, the Company does not screen the submitted content and all use of the submitted content by You is at Your own risk and the Company shall have no liability for such use. In particular, no review or posting or appearance of the submitted content on the site or through the products is intended to act as an endorsement or representation that any submitted content is free of violation of any copyright, privacy or other laws or will suit a particular purpose or be accurate or useful. If You believe that submitted content of Yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is Your responsibility to take such steps You deem necessary to correct the situation. If You believe that submitted content of a third party or any company content violates any laws or regulations, including, without limitation, any copyright laws, You should report it to the Company.

12. Trademarks

The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site, in the Products or in any Company Content are Our registered or unregistered Trademarks or of Our suppliers or third parties and are protected pursuant to Malaysian and foreign trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.

13. Warranty Disclaimer

The PRODUCTS, SITE, COMPANY CONTENT, SUBMITTED CONTENT, COURSES, and any other materials made available on or through the site or the products are provided "as is," without any warranties of any kind and, to the fullest extent permissible under applicable law, the company hereby disclaims all such warranties, express or implied, including, but not limited to, warranties of merchant-ability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.

14. Limitation of Liability

To the fullest extent permissible under applicable law, neither party shall be liable here under any theory of liability, including, without limitation, contract, tort or negligence, for any losses, unless such losses were reasonably foreseeable at the time you agreed to this terms. The company's total liability here under shall be limited to the amounts paid in connection with the courses or products under which such liability arose. This Section 14 does not exclude or limit either party's liability for fraud, for death, or for personal injury resulting from negligence, or from any other liability that cannot be limited or excluded by law.

15. Indemnification

You hereby indemnify, defend and hold harmless the Company, and its affiliates, officers, directors, agents, partners, employees, licencors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys' fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty here under. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You under this Section 15, and in such case, You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.

16. Termination

We may terminate Your use of the Products or Site immediately without notice for any breach by You of these Terms or any of Our applicable policies, as posted on the Site from time to time. We may discontinue offering any Product, Course, or Content at any time (which will terminate Your right to offer these Courses if You are a Training Provider). You may terminate Your use of the Site or the Products at any time, either by ceasing to access them, or by contacting us at help@quorse.com We have no obligation to retain any of Your Account or Submitted Content for any period of time beyond what may be required by applicable law. Upon termination, You must cease all use of the Site, Products and Content. Any accrued rights in particular to payments and all representations and warranties shall survive termination.

17. Electronic Notices

By using the Products or communicating with Company, You agree that Company may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Products or these Terms. If Company learns of a security system's breach, Company may attempt to notify You electronically by posting a notice on the Products or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to Company at help@quorse.com.

18. Miscellaneous

A. Entire Agreement. These Terms and any policies applicable to You posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

B. Sever-ability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed sever-able from these Terms and shall not affect the validity and enforce-ability of any remaining provisions of these Terms.

C. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

D. Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.

E. No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither the Company nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.

F. These Terms and Your use of the Site and the Products shall be governed by the substantive laws of the Malaysia without reference to its choice or conflicts of law principles.