These Terms of Use (“Terms”) were last updated on 23 December 2019.
SH Retail Academy’s (“SHRA”) mission is to nurture individuals to the discovery, advancement, and application of knowledge that meet the needs of the retail industry. SHRA was founded in September 2019 inspired by the intention of Mr Lim Kim Heng, Managing Director of Senheng Electric (KL) Sdn Bhd (Senheng), to support Malaysian SMEs especially in the retail industry to grow by increasing productivity through digitalisation and upskilling of employees.
Starting from the formulation of SHRA training programs outlines, the program content, and the delivery methods; each process is derived using retail thought process and retail needs. The programs that SHRA offers (“Programs”) are specifically catered for the Malaysian retail sector addressing various elements from retail management such as inventory, manpower, sales, supply chain, succession and leadership, crisis and risk, presentation, digitalisation to New Retail, and more.
These Terms apply to all activities on the SHRA website, the SHRA mobile applications, our APIs and other related services (“Services”).
1. Accounts
You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know. You must have reached the age of consent for online services in Malaysia to use SHRA.
You need an account for most activities on our platform, including to purchase and enrol in a program. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means 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 will be closed.
If you share your account login credential with someone else, you are responsible for what happens with your account and SHRA will not intervene in disputes between students or trainers 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. We may request some information from you to confirm that you are indeed the owner of your account.
The customer representative (“Customer”) must be at least 18 years of age to create an account on SHRA and use the Services. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account. You may be requested to verify your identity before you are authorised to submit a program for publication on SHRA.
You can terminate your account at any time by contacting us.
2. Program Enrolment and Lifetime Access
When you enrol in a program, you get a license from us to view it via the SHRA Services and no other use. Do not transfer or resell the programs in any way. We grant you a lifetime access license, except when we must disable the program because of legal or policy reasons.
As a customer, when you enrol in a program, whether it’s a free or paid program, you are getting from SHRA a license to view the program via the SHRA platform and Services, and SHRA is the licensor of record. Programs are licensed, and not sold, to you. This license does not give you any right to resell the program in any manner (including by sharing account information with a purchaser or illegally downloading the program).
In legal, more complete terms, SHRA grants you (as a customer) a limited, non-exclusive, non-transferable license to access and view the programs and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular programs 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, create derivative works of, sublicense, or otherwise transfer or use any program unless we give you explicit permission to do so in a written agreement signed by a SHRA authorized representative. This also applies to content you can access via any of our APIs.
We generally give a lifetime access license to our customers when they enrol in a program. However, we reserve the right to revoke any license to access the programs at any point in time in the event where we decide or are obligated to disable access to a program due to legal or policy reasons, for example, if the program you enrolled in is the object of a copyright complaint, or if we determine its content violates our Trust & Safety Guidelines. The lifetime access is not applicable to add-on features and services associated with a program, and an trainer may decide at any time to no longer provide teaching assistance or Q&A services in association with a program. To be clear, the lifetime access is to the program content but not to the trainer.
3. Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method. Payment can be done via credit card, instant bank transfer, or cheque. For instant payments such as credit card and instant bank transfer, the enrolment will be immediately deemed as confirmed. For payments with float such as cheque or GIRO, the sign up will be deemed as confirmed when funds have been received.
3.1 Pricing
The prices of programs on SHRA are determined by SHRA and SHRA reserves the sole rights and discretion to amend the price at any time.
Please refer to the ‘Packages’ section in the SHRA website for more information about pricing.
All prices are in Ringgit Malaysia (RM).
3.2 Payments
You agree to pay the fees for programs that you purchase, and you authorise us to charge your debit or credit card or process other means for those fees. SHRA works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. Check out our Privacy Policy for more details.
When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the program you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any program for which we have not received adequate payments.
In some cases, we may issue credits to your account. These credits will be automatically applied towards your next program purchase. Credits may expire if not used within the specified period, and have no cash value.
3.3 Refunds and Credits
SHRA have a no refund policy. However, SHRA will on a case by case basis, assist you to change to another training program that might be better suited to your needs.
At our discretion, if we believe you are abusing our 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 program due to your violation of these Terms, you will not be eligible to receive any alternatives.
4. Content and Behaviour Rules
You can only use SHRA for lawful purposes. You’re responsible for the lawful use of all the contents available on our platform. We can ban your account for repeated or major offenses. If you think someone is intending to or misusing 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 Malaysia. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a participant, the Services enable you to ask questions to the trainers of programs you are enrolled in, and to submit reviews of programs. For certain programs, the trainer invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
SHRA has discretion in enforcing these Terms. 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.
5. SHRA’s Rights to Content You Post
SHRA is allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
Any content you submit or post remains yours. By submitting or posting, you allow SHRA to reuse and share it but you do not lose any ownership rights you may have over your content.
When you submit or post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise SHRA 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 SHRA 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 authorize 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 SHRA at Your Own Risk
If you enrol a program, you rely on any information provided by SHRA at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. SHRA has no responsibility to keep such content from you and no liability for your access or enrolment in any program, to the extent permissible under applicable law. This also applies to any programs relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of programs, and by enrolling in such programs, 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 program.
When you interact directly with a trainer or other participants, you must be careful about the types of personal information that you share. SHRA do not control what trainers or participants do with the information they obtain from other participants on the platform. 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 trainers or participants.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or 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. SHRA’s Rights
SHRA owns the SHRA 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 can’t tamper with those or use them without authorisation.
All right, title, and interest in and to the SHRA 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 trainers and participants) are and will remain the exclusive property of SHRA and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of Malaysia. Nothing gives you a right to use the SHRA name or any of the SHRA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SHRA 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 SHRA platform and Services:
- access, tamper with, or use non-public areas of the platform, SHRA’s computer systems, or the technical delivery systems of SHRA’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 SHRA 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, mobile apps, 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 SHRA); 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 SHRA. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
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 doesn’t 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 doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Program Enrolment and Lifetime Access), 5 (SHRA’s Rights to Content You Post), 6 (Using SHRA at Your Own Risk), 7 (SHRA’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 trainers is making misleading statements in their program. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any reprogram against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their 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 (express 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 don’t 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 SHRA 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 program like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no reprogram 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’ve been advised of the possibility of damages in advance.
8.4 Indemnification
If you behave in a way that gets us in legal trouble, we may exercise legal reprogram against you. You agree to indemnify, defend (if we so request), and hold harmless SHRA, our group companies, and their officers, directors, suppliers, partners, and agents from an 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 we 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 mail, or email (by us to the email associated with your account or by you to enquiry@shretailacademy.com.my)
8.7 Relationship Between Us
You and we 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). 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’s a dispute, we are happy to help resolve the issue. If that doesn’t work, your options are to go to 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 us.
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 SHRA 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.
