ECOLEARN Workplace LMS Terms of Services

Last Updated: May 5, 2021

This ECOLEARN Workplace LMS Terms of Services Agreement (the “Agreement” or “Terms of Services”) is made between ECOLEAN CONSULTANCY SDN BHD, company number 1091973-A (“ECOLEAN CONSULTANCY”, “we”, “us”, or “our”) and both our customer (“organization”, “you” or “your”) and our end-users (“employees”, “user”). This Agreement governs your and employees use of ECOLEAN CONSULTANCY owned-and-operated websites, learning management system and electronic document control (collectively, the “Services”). 

Acceptance

By setting up an ECOLEARN Workplace LMS account, the organization can publish training video and files to their employees; registered as user or using our Services, accept this Agreement and consent to contract with us electronically.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

This Agreement includes our Privacy Policy. Please review Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

Use

The “ECOLEARN Workplace LMS” sites and also include all the subdomains, henceforth referred to as “ECOLEARN”. It is a cloud-hosted workplace LMS (Learning Management System), a platform designed to allow an organization to publish training videos and files to their employees, and easily track their employees learning performance, progress and status. 

Privacy

We will not share any data you store on ECOLEARN with any 3rd parties without your express authorization. 

Copyright

You may only upload content that you have the right to upload and share. You retain the copyright of the materials you upload to the site.

Content

You should not upload any content that contains a virus, or this is unlawful, obscene, or offensive by normal community standards. If we notice this kind of content, we reserve the right to delete the content from your site and/ or suspend your site. 

Password

When you sign up to become a user, you will also ask to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to any third party. You agree to notify ECOLEAN CONSULTANCY immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Accounts may not be shared.

User does not allow to share your account. Reasons including (1) Security; it is hard for an organization to secure an account if more than one user shares the same user id and password. If the account is reported for inappropriate usage, it would be very hard for us to take action against that account. Because it would no longer be associated with the particular user. (2) Pricing. We charge for our site based on the number of user accounts. If a large site allowed all their employees to access our site via a few shared accounts. We would not be compensated fairly for the services that we provide.

Service Level

We use industry best practices to provide high uptime. Our platform is hosted in Google Cloud, Amazon cloud with at least 99.90% uptime. We do not guarantee a particular uptime, and we do not provide any kind of refund for outages.

Bug fixes

If a critical bug is reported, we will dedicate our resources to fix the bug as soon as possible. We prioritize and fix non-critical bugs at our discretion.

Support

We provide technical support via the WhatsApp group. We strive to respond to support requests within 48 hours, but we do not guarantee a particular response time. 

Plans

You can pay for a plan yearly using a credit card or wire transfer/purchase order. If we do not receive your payment when it scheduled; you will receive a reminder notice with instruction on how to address the issues. If the payment still not settled within one (1) month after reminder notices; we will reserve the right to suspend your site until the outstanding payment is received. 

All set-up fees, yearly maintenance fees and content updating fees are non-refundable. Customer shall not be entitled to any refunds, credits, prorated or otherwise; in the event of early termination of this Agreement by ECOLEAN CONSULTANCY according to the terms herein. 

Client Cancellation or Non-Renewal

To cancel or elect not to renew any Product or Service, a customer must provide cancellation notice by:

  1. Advise in writing or Contact Us at least two (2) weeks before the subscribed Plan expiration.

(b)Upon submitting the cancellation notice; contact via telephone an ECOLEARN customer services representative. To confirm the information set forth on the cancellation notice, unless otherwise instructed in writing by ECOLEAN CONSULTANCY to do so otherwise.

e-Training Course Enrollment and Access 

When you enrol in a e-Training course, you get a non-transferable right license from us to view it via the EcoLean Services and no other use (solely for your personal, non-commercial, educational purposes through the Services). 

Do not try to transfer or resell courses in any way (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites). 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 course unless we give you explicit permission to do so in a written agreement signed by EcoLean authorized representative.

We grant you a limited access period license or lifetime access license to the course and/or coaching session you have enrolled for, except when we must disable the course because of legal or policy reasons.

A lifetime access license refers to the lifetime of the account. If you deactivate the account, all the information will be lost, which means you will lose the information about the course also or for as long as the course is being actively sold.

No Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them).

For example, suppose you registered an account as an employee of a company. In that case, you cannot transfer to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Noting 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.

Printing of course pages or resources

Printing of course pages and resources is permitted for the personal use of the registered participant only.

Prices

All prices quoted on the Website are in Ringgit Malaysia (“MYR”) currency.

All prices quoted on the Website are subject to change without notice. We may run promotions and sales at discounted prices for a set period. The price applicable to a course will be the prices when you complete your enrollment of the course (at checkout). You should confirm the price of a course before placing the order on it.

Payments

Payment options include: Bank Funds transfer, Cheque Deposit

All payment should be payable to :

Account Name: EcoLean Consultancy Sdn Bhd

Maybank Account Number: 5129 0551 9235 

For bank transfer, please place your “enrollment email” or “Invoice No. for the organization” at recipient reference for smooth payment verification.

Kindly email or WhatsApps the bank-in or transfer slip to us after you made the payment for our support team to verify and grant access to the online training course(s).

You agree to pay the fees for the courses that you purchase. In addition, you authorize us to charge your debit or credit card or process other payment methods (such as FPX or e-wallet) for those fees. EcoLean works with third-party payment processing partners to offer you the most convenient payment methods and secure your payment information. Checkout our Privacy Policy for more details.

 Refunds 

EcoLean does not issue refunds for digital products once the order is confirmed and the product is sent. We recommend contacting us for assistance if you experience any issues receiving products from EcoLearn LMS.

 

Code of conduct

We reserve the right to deny our services and/ or support to anyone who is consistently rude to our staffs.

Disclaimers

ECOLEAN CONSULTANCY is not responsible for any incorrect of inaccurate content posted on the ECOLEARN web site or in connection with the ECOLEARN features, whether caused by users of the ECOLEARN features or by any of the equipment or programming associated with our utilized in the ECOLEARN features. ECOLEAN CONSULTANCY is not responsible for the conduct, whether online or offline, of any user of the ECOLEARN features. ECOLEAN CONSULTANCY assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user communication. ECOLEARN CONSULTANCY is not responsible for any problems or technical malfunction of any telephone network or lines, computer, online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internal or any of the ECOLEARN features of a combination thereof, including any injury or damage to users or any person’s computer related to or resulting from participation or downloading materials in connection with the ECOLEARN features. Under no circumstances shall ECOLEAN CONSULTANCY be responsible for any loss or damage, including personal injury or death, resulting from use of ECOLEARN features, attendance at ta ECOLEAN CONSULTANCY event, from any content posted on or through the ECOELARN features, or from the conduct of any users of the ECOLEARN features, whether online or offline. The ECOLEARN features are provided “as-is” and as available. ECOLEARN CONSULTANCY expressly disclaims any warranty of fitness for a particular purpose or non-infringement. ECOLEAN CONSULTANCY cannot guarantee and does not promise any specific results from use of the ECOLEARN features.

Liability

In no event shall ECOLEAN CONSULTANCY be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from your use of the ECOLEARN sites, even if ECOLEAN CONSULTANCY has been advised of the possibility of such damages. Notwithstanding to the contrary contained herein, ECOLEAN CONSULTANCY liability to you for any reason whatsoever and regardless of the form of the actions, will at all times be limited to the amount paid, if any, by you to EOCLEARN CONSULTANCY for the ECOLERN web site features during the last subscribed yearly plans or RM365, whichever is greater.

Disputes

Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us; so that we can try to resolve your concerns without the need for outside assistance.

Indemnity

You agree to indemnify and hold ECOLEAN CONSULTANCY, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to arising out of our use of the ECOLEARN feature and warranties set forth above and/or if any content that you post on the ECOLEARN web site or through the ECOLEARN feature causes ECOLEAN CONSULTANCY to be liable to another.

Other 

This Agreement is accepted upon your use of the ECOLEARN web site or any of the ECOLEARN features. It is further affirmed by you becoming a user. This Agreement constitutes the entire Agreement between you and ECOLEAN CONSULTANCY regarding the use of the ECOLEARN features. The failure of ECOLEAN CONSULTANCY to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

Contact

If you have any questions regarding this policy, or with our website, please contact us.