IMPORTANT – READ CAREFULLY BEFORE PURCHASING ANY COURSES.
This End -User License Agreement (“EULA” or “Agreement”) is a binding legal agreement between you (“You”) and INFINITE BLESSING SUCCESS ENTERPRISE (the “Company”), which sets forth the terms and conditions under which you are licensed to use the Courses being distributed with this EULA.
BY CLICKING ON THE “BUY NOW” BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ AND UNDERSTOOD THE TERMS OF THIS EULA AND AGREE TO BE LEGALLY BOUND BY THE TERMS OF THIS EULA, INCLUDING THOSE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ANY COURSES FROM HERE.
FURTHERMORE, BY ACCEPTING THE TERMS OF THIS EULA, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND (2) YOU HEREBY ACKNOWLEDGE THAT YOU ARE FAMILIAR WITH AND AGREE TO
IF YOU ARE NOT THE END USER AND ARE FOLLOWING THE COURSES ON BEHALF OF THE END USER, YOU WARRANT AND REPRESENT THAT YOU ARE AUTHORISED TO ACT ON BEHALF OF THE END USER AND TO ACCEPT AND BIND THE END USER TO THE TERMS OF THIS EULA.
1.1.”We” or “Us” or “blesings.my” or “Our” or the “Company” refers to INFINITE BLESSING SUCCESS ENTERPRISE, a Malaysian company, having its main place of business at Block 1-6-1, Sri Pelangi Apartment, Jalan Bukom, 10150 Georgetown, Penang, MALAYSIA.
1.2.”You” and “Your” refers to the entity and/or individual person consenting to, and entering into, this Agreement.
1.3. “Support Services” shall mean those support services stipulated in Exhibit A to this Agreement.
1.4. “Administrator User Account” – shall mean each instance of a unique username and password enabling authenticated access to the Main System in an administrator mode.
1.5. “End-User Account” – shall mean each instance of a unique username and password enabling authenticated access to the Main System in a non-administrator mode.
1.6. “User/s” – shall mean You and any individual (1) assigned for an Administrator User Account, or (2) assigned for an End-User Account.
1.7. “Registration Form” – shall mean the form you filled in during the registration process where you stipulate the License Program you desire, and further details.
1.8. “Our Servers” shall mean servers belonging to Us and/or third party hosting service providers We use.
1.9. “End Point” shall mean each hardware-based station monitored by the Main System under the terms of this EULA, including, without limitation, personal computers, laptops, network printers, servers, screens, Mobile Devices, etc.
1.10. “Mobile Devices” shall mean any portable communication device such as, cellular phones, smart phones, tablets, etc.
- Intellectual Property Rights
2.1.The notes, exercises, questions and tutorial videos that are provided in the website (collectively “the Courses”), are owned by INFINITE BLESSING SUCCESS. You shall not physically receive, under any circumstances, any source code in connection to any software included in the Courses. The Courses is also protected by Malaysian Copyright Law and International Treaty provisions. You must treat the Courses just as you would any other copyrighted material, such as a book. You may not copy the Courses. You agree not to modify, adapt, translate or make derivative works based upon the Courses. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Except as stated above, this Agreement does not grant you any intellectual property rights in the Courses. This Agreement provides the terms and conditions under which you are permitted to use the Courses subject to the license given to you herein only. It is not an agreement for the sale of the Courses to you, and no title to the Courses passes to you.
- Your Responsibilities, Restrictions and Obligations
3.1.You are solely responsible:
3.1.1. For selecting a course in blessings.my.
3.1.2. For all activities occurring with the use of the courses provided to You, whether such activity is made under one of Your Administrator User Accounts and/or End User Accounts, without limitation, if such do not form part of Your organisation, and just receive services from You.
3.1.4. For using the courses only for lawful purposes. Accordingly, you shall not do anything that encourages conduct that would constitute a criminal offence or which encourages or may encourage “hacking” or “cracking,” or which gives rise to civil liability or otherwise violates any applicable local or international law.
3.1.5. To Users for all matters related to the course(s) and You acknowledge that we assume no responsibility whatsoever towards them. Without derogating from your overall responsibility towards all Users, you are also responsible for effectively notifying and warning all Users with respect to the possible outcomes of Your use and their use of the course(s), as those are fully detailed in the Documentation and Our Website, such to include, without limitation, Your possibility to (1) monitor configuration, data and usage, including private usage, of Mobile Devices, (2) altering data, configuration, passcodes and settings of End Points, (3) completely wiping Mobile Devices.
3.1.6. The careful selection of the email box destined to be used by the Main System for automatically converting Email messages received in such box to service requests processed by the Main System (the “Designated Mailbox”). Furthermore, if needed, You should take all appropriate measures required to back up any emails received to the Designated Mailbox, or any other email address of Yours (the “Correspondence”) – and processed by the Main System into service requests. In that respect You understand and acknowledge that characterisation of any email address in the Main System as the Designated Mailbox shall automatically result in the processing of any Correspondence, and simultaneously – its irreversible deletion.
3.1.7. For obtaining or providing, at Your sole expense, all telephone, internet service and/or leased or dedicated access lines, telephone and computer equipment, including connection equipment and modems and any other hardware or software necessary to enable the operation of the Software. You understand and acknowledge that We will not be liable for network- related problems attributable to the operation of the Software and that internet and network configuration changes may affect the Software’ performance and accessibility.
3.2. Your responsibility includes compliance with all applicable local, state, national and foreign laws, treaties and regulations relating to Your, and Your Users’ use of the Courses, including those related to the protection of intellectual property, data privacy, international communications, and the transmission of technical or personal data. Furthermore, You shall notify Us immediately of any unauthorised use of any password or account or any other known or suspected breach of security, and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you.
3.3. The following restrictions shall apply to Your use of the Courses:
3.3.1. You may not license the Courses if You are a direct competitor of Infinite Blessing Success, except with Infinite Blessing Success’ prior written consent. In addition, You may not license the Infinite Blessing Success for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
3.3.2. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, the Courses in any way; (2) create Internet “links” to the Software or “frame” or “mirror” any content thereof on any other server, wireless or Internet-based device; or (3) access the Courses in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions, or graphics of the Software, or
(c) copy any ideas, features, functions, or graphics of the Courses.
3.3.3. You may not, in the course of Your use of the Courses (1) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (2) send or store infringing, obscene (including pornography, violence, terror, etc.), threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (3) send or store material containing software viruses, worms, trojan horses, or other harmful computer code, files, scripts, agents or programs; (4) attempt to gain unauthorised access to the Software or its related systems or networks;
(5) violate or cause Infinite Blessing Success to violate applicable law; or (6) use the Courses other than for your personal usage.
Furthermore, You acknowledge that We assume no responsibility for monitoring your use of the Courses for inappropriate content or conduct.
3.4. You should note that use of the Courses may require one or more compatible devices, Internet access, and certain software, and may require obtaining updates or upgrades from time to time. Because use of the Courses involves hardware, software, and Internet access, your ability to use the Courses may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
- Warranties, Limitation Of Liability, Indemnification
4.1.THE COURSES MAY CONTAIN ERRORS, BUGS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM CRASH OR FAILURE. THE COMPANY RESERVES THE RIGHT TO ALTER THE COURSES AT ANY TIME, AND ANY RELIANCE ON THE COURSES OR ITS QUALITY OR PERFORMANCE IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COURSES IS PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY INFINTIE BLESSING SUCCESS ENTERPRISE, ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, CONTRACTORS, OR THE LIKE (“ANYONE ON ITS BEHALF”) SHALL CREATE OR CONSTITUTE ANY FORM OF WARRANTY.
ACCORDINGLY, YOU AGREE THAT THE USE OF THE COURSES IS AT YOUR SOLE RISK, AND THAT NEITHER INFINITE BLESSING SUCCESS NOR ANYONE ON ITS BEHALF, DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE COURSES NOR THAT THE OPERATION OF THE COURSES WILL BE ERROR FREE OR MEET ANY REQUIREMENTS.
4.2. Infinite Blessing Success is not and shall not be liable to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of, or relating to, this Agreement and/or to the Courses.
UNDER NO EVENT SHALL INFINITE BLESSING SUCCESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INFINITE BLESSING SUCCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE COURSES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COURSES; (3) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA GENERATED IN CONNECTION WITH THE COURSES; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY GENERATED IN CONNECTION WITH THE COURSES; OR (5) ANY OTHER MATTER RELATING TO THE COURSES.
You may, however, have additional rights under certain laws that do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If such laws apply, our exclusions or limitations shall apply to the fullest extent provided by the applicable laws.
4.3. NEITHER INFINITE BLESSING SUCCESS NOR ANYONE ON ITS BEHALF NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, MARKETING OR DISTRIBUTING THE COURSES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF OR INABILITY TO USE THE SOFTWARE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO INFINITE BLESSING SUCCESS’ RECORDS OR THE COURSES.
5.4. IN NO EVENT SHALL THE ENTIRE LIABILITY OF INFINITE BLESSING SUCCESS AND ANYONE ON ITS BEHALF FOR ALL DAMAGES, LOSSES, CLAIMS AND COSTS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO INFINITE BLESSING SUCCESS DURING THE IMMEDIATELY PRECEDING 1 MONTH PERIOD.
4.5. INFINITE BLESSING SUCCESS ASSUMES NO RESPONSIBILITY UNDER THIS AGREEMENT FOR CONVERTING YOUR DATA FILES TO BE COMPATIBLE FOR USE WITH THE COURSES.
4.6. You are solely responsible for your actions when using the Courses, and therefore, notwithstanding the above, You shall indemnify, defend, and hold harmless Infinite Blessing Success, its directors, officers, employees, and agents and their respective successors, heirs, and assigns (the “Infinite Blessing Success Indemnities”), against any liability, damage, loss, or expense (including reasonable attorneys’ fees and expenses of litigation) incurred by or imposed upon any of the Infinite Blessing Success Indemnities in connection with any claims, suits, actions, demands, or judgments (“Claims”) arising out of any theory of liability (including without limitation actions in the form of tort, warranty, or strict liability and regardless of whether such action has any factual basis) concerning any act or omission of You, and/or individuals assigned with an Administrator User Account and/or individuals assigned with an End-User Account, and/or individuals conducting Permitted Usage in Guest Mode, all
(1) in connection with the Courses; or (2) which are in breach of any applicable law; or (3) which constitutes a breach of this Agreement; (4) which are in violation of any rights of any third party.
- Confidentiality And Privacy
- Fees And Payments
6.1. Infinite Blessing Success offers courses that only can be used once full payment is made whether via credit/debit card, online transfer or MyGold-i transfer.
6.2. You shall provide Infinite Blessing Success with complete and accurate billing and contact information. This information includes Your legal company/organisation name (if applicable), street address, telephone number, fax number (if applicable), email address, and name of an authorised billing contact. You agree to update this information within 30 days of any change. If the contact information You have provided is false or fraudulent, Infinite Blessing Success reserves, without derogating from other remedies available to it under applicable law, or this EULA, to terminate this EULA.
6.3 You are solely responsible for payment of any taxes applicable by any law, resulting from your acceptance of this EULA and/or your use of the Courses, exclusive of taxes based on Infinite Blessing Success’ income. You agree to hold Infinite Blessing Success harmless from all claims and liability arising from your failure to report or pay such taxes.
6.4. In case of termination of this EULA for whatever reason You agree that We may charge Your credit card or any other means of payment provided by You to Infinite Blessing Success, with any unpaid fees, or any other outstanding payment obligation You have with Us.
- Term, Termination and Effect of Termination
7.1 This Agreement shall become effective as of Your indication of acceptance of its terms by checking the “BUY NOW” box, as indicated above, and shall maintain in effect.
7.2 All rights granted to you, shall terminate automatically without You being entitled to receive any payment or refund of any fee paid by You (unless specifically expressed otherwise in this Agreement).
- Free Tutorial
8.1. Infinite Blessing Success DOES NOT offer free of charge tutorial.
8.2. Infinite Blessing Success may decide, however, from time to time, in its sole discretion, to provide You with Extra tutorial, in whole, in part, or in any other level, as long as You are an active user of blessings.my at that point of time.
8.3. We reserve the right to charge You with a Special Tutorial Fee for any extra tutorial provided to You upon requested.
9.1. Enforceability. In the event that any provision of this Agreement is invalid or unenforceable under any law, such provision shall be totally ineffective to that extent, but the remaining provisions of this Agreement will be unaffected.
9.2. No Waiver. No delay or omission on the part of INFINITE BLESSING SUCCESS in exercising any right or remedy shall operate as a waiver of such right or remedy or any other right or remedy. A waiver on any one occasion shall not be construed as a bar to or a waiver of any right on any future occasion.
9.3. Governing Law. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the State of Malaysia, without reference to conflict of laws principles. Without derogating from the generality of the above, the United Nations Convention on Contracts for The International Sale of Goods shall not apply on this Agreement. You hereby irrevocably subject yourself to the exclusive jurisdiction of the courts located in the district of Kuala Lumpur, Malaysia in connection with any action or controversy relating to this Agreement.
9.4. Notices. Any Notice to be given pursuant to this Agreement shall be sent by You to Us via Registered Mail to the address stipulated in section 1.1 above, or via email to the following email email@example.com, and shall be deemed received by Us- if sent via Registered Mail – 7 business days after being sent, and if sent via email – 2 business days after you get confirmation it has been received by Us. Any Notice to be given to You shall be made via Registered Mail or Email address, to the address and Email You filled in the Registration Form, and shall be deemed received by You – if sent via Registered Mail – 7 business days after being sent, and if sent via email – 2 business days after being sent.
9.5. Whole Agreement. This Agreement, including the provisions Incorporated by reference, constitutes the sole and entire agreement with respect to Our provision of Services to You.
9.6. Modifications. INFINITE BLESSING SUCCESS may change the terms of this EULA, from time to time, by posting a modified copy of this EULA on Our website, or by otherwise notifying You. Those changes will be effective and binding as of posting off the notice, unless a different effective date is specified. We therefore recommend you to enter, from time to time, to our website in order to review information concerning such modifications. YOUR CONTINUED USE OF THE COURSES FOLLOWING DELIVERY AND/OR POSTING OF A NOTICE OF MODIFICATION SHALL BE CONCLUSIVELY DEEMED AN ACCEPTANCE OF SUCH MODIFICATION. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST TERMINATE THIS EULA IMMEDIATELY, AND NOTIFY US IMMEDIATELY SO THAT A TERMINATION OF YOUR COURSES MAY BE PROCESSED, AND SUCH TERMINATION IS YOUR ONLY RECOURSE.
9.7. Assignment. Your rights and obligations under this Agreement may not be assigned or transferred in any other way, by operation of law or otherwise without prior written consent of INFINITE BLESSING SUCCESS.