Terms and Conditions
LeapEd Terms of Service
You hereby agree that LeapEd reserves the right to modify these TOS at any time at its absolute discretion without advance notice to you. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the LeapEd Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Agreements.
Any version of these Agreements in a language other than English is provided for convenience and you understand and agree that the English language version will prevail if there is any conflict between the translated Agreements.
Rules for Online Conduct
As a condition of your use of the LeapEd website and associated services, you will not use the LeapEd Site in any manner intended to damage, disable, overburden, or impair any LeapEd server or the network(s) connected to any LeapEd server or to interfere with any other party's use and enjoyment of the LeapEd Site. You may not attempt to gain unauthorized access to the LeapEd Site, other accounts, computer systems, or networks connected to any LeapEd server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the LeapEd Site, its servers, or associated computers through any means not intentionally made available through the LeapEd Site. If you are a registered user, you will not share your password or let anyone else access or compromise your account.
Furthermore, you agree not to scrape, or otherwise download in bulk, any LeapEd Site content, including but not limited to a list or directory of users on the system, User Postings or user information, online textbooks, course materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using the LeapEd Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
Strictly Prohibited Items
THE FOLLOWING ITEMS ARE STRICTLY PROHIBITED ON THE LEAPED SITE:
- Content that defames, harasses or threatens others;
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others (this list, collectively, “Strictly Prohibited Items”).
You may not submit, post, publish, share, or otherwise distribute any of the above Strictly Prohibited Items on or via the LeapEd Site.
In order to create a user account, you must provide your full name, an email address, your country or region of residence, a public username, and a user password. You agree that you will never divulge or share access or access information for your user account with any third party for any reason. In setting up your user account, you may be prompted to enter additional optional information (e.g., your postcode). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
You warrant and represent to LeapEd this Agreement creates legal, binding and valid obligations, enforceable against you in accordance with its terms.
Your Right to use Content on the LeapEd Site
Unless indicated as being in the public domain, the content on the LeapEd Site is protected by copyright laws in Malaysia. Unless otherwise expressly stated on the LeapEd Site, the texts, exams, video, images, and other instructional materials provided with the courses and programs offered on the LeapEd Site are for your personal use in connection with those courses and programs only. Certain reference documents, digital textbooks, articles, and other information on the LeapEd Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using the LeapEd Site, you agree to abide by all such rules and conditions. You agree to retain all copyright and other notices on any content you obtain from the LeapEd Site. All rights in the LeapEd Site and its content, if not expressly granted, are reserved.
Use for Personalisation and Pedagogical Improvements
User Postings Representations and Warranties
By submitting or distributing your User Postings, you affirm, represent, and warrant (1) that you have the necessary rights, licenses, consents, and/or permissions to reproduce and publish the User Postings and to authorize LeapEd and its users to reproduce, modify, publish, and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party or any applicable laws in Malaysia. You, and not LeapEd, are solely responsible for your User Postings and the consequences of posting or publishing them.
CERTIFICATES AND OTHER PRODUCTS & SERVICES
LeapEd and associates may (at its absolute discretion) offer Certificates of Achievement for courses or certificates for programs for learners who have satisfactorily demonstrated mastery of the course or program material. Certificates will be issued by LeapEd. The decision whether a certificate will be awarded to a given learner will be solely within the discretion of LeapEd and is non-negotiable.
If you do not participate in any purchased program or course after having paid all or any portion of the program or course, or if you elect not to complete any of the program or course, whether voluntarily or involuntarily, no deposits or money paid toward the program or course shall be refunded. You hereby agree and understand no portion of any funds that you have paid, either directly or with any financial assistance, to participate in the program or course will be refunded at any time or for any reason.
In the event that LeapEd cancels a course, programme, or service after payment has been made, purchases on the LeapEd site may be eligible for a refund for a reasonable period of time as determined by LeapEd. To receive a refund, simply unenroll from the course and / OR contact us through the Contact Us page.
Coupon codes and other course entitlements are subject to expiration and any other conditions stated at the time of purchase.
Purchased courses are valid for a period of 12 weeks unless stated otherwise. After the course expiry date LeapEd will consider the account closed and all user details and data will be removed. LeapEd will notify all users of expiry via the payment account used for the purchase. If an extension is required please contact us through our Contact Us page.
Use of LeapEd, MidLEN, LeapEd Academy, and Other Member Names, Trademarks, and Service Marks.
The "LeapEd," "MidLEN," and "LeapEd Academy" names, logos and seals are trademarks ("Trademarks") of the respective entities. Likewise, the names, logos, and seals of the other institutions are Trademarks owned by the respective institution. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in the owner’s sole judgment, gives the appearance or impression of a relationship with or endorsement by the owner.
All Trademarks not owned by LeapEd or the Members that appear on the LeapEd Site or on or through the services made available on or through the LeapEd Site, if any, are the property of their respective owners.
Nothing contained on the LeapEd Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the LeapEd Site without the written permission of the owner of the applicable Trademark.
Disclaimers of Warranty / Limitations of Liabilities
The LeapEd site and any information, content or services made available on or through the LeapEd site are provided "as is" and "as available" without warranty of any kind (express, implied or otherwise), including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, except insofar as any such implied warranties may not be disclaimed under applicable law.
LeapEd and the LeapEd participants (as defined below) do not warrant that the LeapEd site will operate in an uninterrupted or error-free manner, that the LeapEd site is free of viruses or other harmful components, or that the courses or content provided will meet your needs or expectations. LeapEd and the LeapEd participants also make no warranty about the accuracy, completeness, timeliness, or quality of the LeapEd site or any courses or content, or that any particular courses or content will continue to be made available. “LeapEd Participants” means other members, partners, and / orthe entities providing information, content, or services for the LeapEd site, the course instructors, and their staffs.
Without limiting the generality of the forgoing clause above, LeapEd and the LeapEd participants shall not be liable for any Loss caused by or arising from one or more of the following events or matters howsoever caused or incurring:-
- Any malfunction, defect in and/or any breakdown, disruption or failure of any telecommunications, computer, terminal, server or other device or system whether or not owned, operated or maintained by you, LeapEd and the LeapEd participants or any other person, including but not limited to the failure of any such equipment or system to accept, recognise or process any LeapEd site;
- Any malfunction, breakdown, disruption and/or unavailability of the LeapEd site or any portion thereof, howsoever arising;
- Any of the services not being accessible, available or functioning;
- Any error by you on the third-party payment vendor’s website or any error or action of the third-party payment vendor;
- Any failure or delay caused by your Internet browser or other software, computer virus or related problems;
- The corruption, destruction, alteration, loss of or error in your Instructions or any data or information in the course of transmission through the LeapEd site;
- Any intrusion, interference or attack by any person, virus, Trojan Horse, worms, macros, malicious programs or other harmful components or deleterious programs or files;
- Any use of the LeapEd site on a jail-broken or rooted mobile device;
- Any loss, theft or unauthorised use of your LeapEd site account;
- Any remote interception as a result of a malicious program stored in any telecommunications, computer or any other devices whether or not owned, operated or maintained by you.
- Any purported access to and use of the LeapEd site, LeapEd site user account as well as any other software or hardware provided by LeapEd and the LeapEd participants to you, if any;
- Any malfunction or breakdown in the software or hardware provided by LeapEd and the LeapEd participants to you, if any;
- Any unauthorised access and/or use of the LeapEd site by any person, whether remotely performed or otherwise;
- Any prohibition, suspension, delay or restriction of your access to the LeapEd site by the laws and regulations of any country from which you access the LeapEd site;
- Any prohibition, suspension, delay or restriction of your access to the LeapEd site caused by, relating to or in connection with your network service provider;
- Any inaccuracy or incompleteness of information, data or Instructions given by you;
- Your inability to perform any Instruction due to limits set by LeapEd and the LeapEd participants from time to time;
- Your failure, neglect or omission to act in accordance with the terms and conditions of this Agreements and any other rules, regulations, policies and guidelines as may be prescribed by LeapEd and the LeapEd participants from time to time;
- Any delay in the delivery or non-delivery or any documents or materials, whatsoever, as required under this Agreements;
- Any event, the occurrence of which is beyond LeapEd’s and the LeapEd participants’ reasonable control, including but not limited to fire, earthquake, flood, lightning, riots, strikes, lockouts, government action, war, disruption of electrical or power supply which cause the inability of the LeapEd site to operate; or
- Any Loss which is caused by third parties.
User Postings Disclaimer
You understand that when using the LeapEd Site you will be exposed to User Postings from a variety of sources and that neither LeapEd nor the LeapEd Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against LeapEd or any of the LeapEd Participants with respect thereto. Neither LeapEd nor any of the LeapEd Participants endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither LeapEd nor any of the LeapEd Participants have any obligation to monitor any User Postings or any other user communications through the LeapEd Site.
However, LeapEd reserves the right to review User Postings and to exercise its sole and absolute discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the LeapEd Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, LeapEd may investigate the allegation and determine in its sole and absolute discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.
Third-Party Services; Links to Other Websites
The LeapEd Site and individual courses may be integrated with third-party services or include hyperlinks to websites maintained or controlled by third parties. LeapEd and the LeapEd Participants are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by such third parties. If you decide to access any third-party services or linked third-party websites, you do so at your own risk.
To the fullest extent permitted by applicable law, you agree that neither leaped nor any of the LeapEd participants will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these terms of service, or your (or any third party's) use of or inability to use the LeapEd site, or your placement of content on the LeapEd site, or your reliance upon information obtained from or through the LeapEd site, whether your claim is based in contract, tort, statutory or other law.
In particular, to the fullest extent permitted by applicable law, neither LeapEd nor any of the LeapEd participants will have any liability for any consequential, indirect, punitive, special, exemplary, or incidental damages, whether foreseeable or unforeseeable and whether or not LeapEd or any of the LeapEd participants has been negligent or otherwise at fault (including, but not limited to, claims for defamation, errors, loss of profits, loss of data, or interruption in availability of data).
You agree to defend, hold harmless, and indemnify LeapEd and the LeapEd Participants, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions, or demands arising out of, resulting from or in any way related to your use of the LeapEd Site, any failure by you to comply with any terms and conditions of this Agreements, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, LeapEd or the applicable LeapEd Participant will provide you with written notice of such claim, suit, or action.
You further agree and acknowledge that your obligation to indemnify LeapEd and the LeapEd Participants herein shall survive the termination of this Agreements.
Termination Rights; Discontinuation of Courses and Content
You agree that LeapEd, in its sole and absolute discretion, may terminate your use of the LeapEd Site or your participation in it, for any reason or no reason, without the need to give any notice to you and without any liability whatsoever to you or any other third party for doing so. It is LeapEd's policy to terminate in appropriate circumstances the accounts of users of the LeapEd Site who are repeat copyright infringers. LeapEd and the LeapEd Participants reserve the right at any time in their sole and absolute discretion to cancel, delay, reschedule or alter the format of any course offered through LeapEd, or to cease providing any part or all of the LeapEd Site content or related services, and you agree that neither LeapEd nor any of the LeapEd Participants will have any liability to you for such an action. If you no longer desire to participate in the LeapEd Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the LeapEd Site, but any rights and obligations of the Agreements which by their term and sense would survive the termination of this Agreements in any way shall continue to be in full force and effect notwithstanding the termination herein.
The Agreements constitute the entire agreement between you and LeapEd with respect to your use of the LeapEd Site, superseding any prior agreements between you and LeapEd regarding your use of the LeapEd Site.
Waiver and Severability
The failure of LeapEd to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of the Agreements shall remain in full force and effect.
By enrolling in a course on LeapEd, you are joining a special community of learners. The aspiration of LeapEd’s online presence is to provide anyone who has an internet connection access to information, courses and content and to provide our learners the best educational experience internet technology enables. You are a part of the community that will help LeapEd achieve this goal. LeapEd depends upon your motivation to learn the material and to do so with honesty and academic integrity. In order to participate fully with LeapEd’s online offerings, you must agree to the Honor Code below and any additional terms specific to a course or program. This Honor Code, and any additional terms, will be posted on each course website.
If you are found in violation of the Terms of Service, you may be subject to one or more of the following actions:
- Receiving a zero or no credit for an assignment;
- Having any certificate earned in the course or program withheld or revoked;
- Being unenrolled from a course or program; or
- Termination of your use of the LeapEd Site.
- Additional actions may be taken at the sole and absolute discretion of LeapEd and LeapEd Member course providers.
No refunds will be issued in the case of any corrective action for such violations.
The failure or delay on the part of LeapEd in exercising any right, power, privilege or remedy under this Agreements upon any default on your part shall not impair any such right, power, privilege or remedy or be construed as a waiver thereof or any acquiescence in such default. No waiver shall be valid unless made in writing by LeapEd. Any waiver by LeapEd shall not operate as a waiver of any subsequent default by you.
Notwithstanding from where you gain or attempt to gain access to the LeapEd Site, you agree that the LeapEd Site shall, at all times, be governed by and construed in accordance with the laws of Malaysia. Further, you agree to submit and be bound by the exclusive jurisdiction of the Courts of Malaysia for any issue or dispute arising from LeapEd Site.
In the event of a dispute arising out of or relating to Agreement, you agree to seek an amicable settlement of that dispute by mediation and the mediation shall take place in accordance with the Asian International Arbitration Centre Rules for Mediation as at presently in force.
If any of the provision and/or part of this Agreements becomes invalid, illegal, or unenforceable pursuant to any law, then the invalid and unenforceable provisions and/or any part thereof shall be deemed to have been superseded by a valid, enforceable provision and/or part that most closely matches the intent of the original provision and/or part and the remainder of the other provisions and/or part of this Agreements shall continue in full force and effect. Any such invalidity, illegality and unenforceability shall not affect or impair the remaining provisions and/or part of this Agreements herein.