INTRODUCTION AND ACCEPTANCE
Thank you for visiting our website. This platform is owned and operated by MAGCOLM SOLUTIONS SDN BHD (Co. Registration: 201301042053 (1071878-U)), with its principal business address at 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur. Hereinafter, the company is referred to a ‘MAGCOLM,’ ‘we’ or ‘us.’
Acceptance of Terms
Your use of our website and services is subject to the following terms and conditions. By accessing our website, registering for a course, accessing our Learning Management System (LMS) or engaging our services in any capacity, you agree to be legally bound by these terms. This Terms and Conditions Agreement (the “Agreement”) constitutes a binding agreement between you (the “Client”, “You” or “Your”) and MAGCOLM.
Representation of Authority
By using our services, you represent and warrant that: (a) You are at least 18 years of age and capable of entering into a binding contract; and (b) If you are registering on behalf of a corporate entity (B2B), you have the necessary authority to bind that entity to these Terms.
Governing Language
These Terms may be translated into other languages for convenience. In the event of any conflict or inconsistency between the English version and a translated version, the English version shall prevail.
Amendments
We may revise these terms from time to time to reflect changes in regulatory requirements or our business practices. Any amendment or waiver of these Terms shall be effective only if expressly set forth in a written instrument executed by the Director of MAGCOLM. Your continued use of our website or services after such changes constitutes your full acceptance of the revised terms.
Contact
If you require further clarification regarding these terms, please contact our sales department prior to purchasing or registering for any service.
List of Content
1.0 GENERAL PROVISIONS
1.1 Definitions
1.2 Scope of Services and Order of Precedence
1.3 Intellectual Property & Registered Copyright
1.4 Privacy and Data Protection
1.5 Force Majeure
1.6 Governing Law
2.0 ADVISORY SERVICES SPECIFIC TERMS
2.1 Order Process and Fees
2.2 Consultant(s) Working Hours
2.3 Postponement and/or Cancellation of On-Site Visit(s)
2.4 On-Site Project Delivery Duration
2.5 Fees & Invoices
2.6 Advisory Services Delivery (Medium, Facilities, etc.)
2.7 Confidentiality
2.8 No Inducement
2.9 Termination
2.10 Miscellaneous
2.11 Completion of Services
2.12 Waiver
2.13 Notice
2.14 Representation and Warranties
2.15 Severability
2.16 Binding Proposal/Quotation
2.17 Refund Policy (Applicable for Advisory Services only)
2.18 Limitation of Liability and Disclaimer
3.0 TRAINING, E-LEARNING AND QUALIFICATION SPECIFIC TERMS
3.1 Order Process and Fees
3.2 Intellectual Property & Prohibited Use
3.3 Certificates, Materials, Pax Requirements and Access
3.4 Schedule of Training and Delivery
3.5 Cancellation & Refund Policy: Category A (PHYSICAL & REMOTE ONLINE TRAINING)
3.6 Cancellation & Refund Policy: Category B (E-LEARNING & DIGITAL PRODUCTS)
3.7 Cancellation & Refund Policy: Category C (BLENDED COACHING)
3.8 Technical Requirements & Platform Disclaimer
3.9 Limitation of Advice
3.10 Participant Reliance and Interpretation Risk
4.0 USE OF COOKIES
4.1 Cookies Policy
4.2 Browser Settings
5.0 ACCESS & CORRECTION REQUESTS AND INQUIRIES
5.1 Your Data Subject Rights
5.2 Third-Party Personal Data (Client Warranty)
5.3 Processing of Site Activity Data
6.0 ACKNOWLEDGEMENT AND CONSENT
6.1 Final Acceptance of Terms
6.2 Language of Agreement
7.0 WEBSITE USE DISCLAIMER
7.1 General Information Only
7.2 Website Availability and Liability
7.3 Exclusion of Consequential Loss (Website Use)
1.0 GENERAL PROVISIONS
1.1 Definitions
In these Conditions, the following definitions apply:
1.2 Scope of Services and Order of Precedence
These terms apply to all services provided by MAGCOLM, including but not limited to Public Training, In-House Training, Advisory Services, E-Learning, Blended Coaching and International Qualification Training. Any variation to these terms or representations about the services shall be effective only if expressly agreed upon in writing and signed by the Director of MAGCOLM.
Method of Acceptance
The Client is deemed to have accepted these Terms if they: (a) Sign any Quotation, Confirmation of Order (COO) or Registration Form (including for the purpose of grant applications); (b) Register for a course via the website; or (c) Issue a Purchase Order or confirmation to proceed.
Conflict of Terms
These Terms and Conditions shall prevail and shall be binding upon your payment to MAGCOLM pursuant to the issued invoice(s).
In the event that a subsequent Master Service Agreement or any other specific written agreement is executed and signed by both MAGCOLM and you, the terms of such subsequent agreement shall prevail.
For the avoidance of doubt, any terms and conditions contained in the Client’s Purchase Order shall not prevail over the terms and conditions herein, irrespective of whether MAGCOLM has acknowledged such Purchase Order for administrative or processing purposes.
1.3 Intellectual Property & Registered Copyright
a. Intellectual Property
The entire content of the MAGCOLM website and all related resources are the exclusive intellectual property of MAGCOLM. This includes, but is not limited to:
i. Text, graphics, logos and software code;
ii. Proprietary data such as Proposal/Quotation documents and database rights;
iii. Trade secrets, trade names and trademarks (whether registered or unregistered); and
iv. All Magcolm+ LMS resources, publications, training materials, training notes, E-Learning content, video productions, training modules and E-Learning assets.
b. Confidentiality and Use Restrictions
The Client agrees to maintain the strict confidentiality of all Magcolm+ LMS resources, publications, training materials, E-Learning resources and video productions. The Client shall not reproduce, distribute or disclose any of the aforementioned materials without the prior written consent of a Director of MAGCOLM.
c. In addition to that, MAGCOLM holds a formal Copyright Certificate regarding the website’s content and design. Any unauthorized reproduction, distribution or duplication is a strict violation of the Copyright Act 1987. The Client acknowledges that MAGCOLM’s engagement of Subcontractors does not grant any rights or license to the Subcontractor to use, reproduce or claim ownership of MAGCOLM’s Intellectual Property. MAGCOLM reserves the right to pursue immediate legal action.
d. Recording of any live training session (whether Physical or via zoom) is strictly prohibited without prior written consent. These works may not be stored, transmitted or copied in any form or by any means without explicit permission from MAGCOLM.
e. If the Services you purchase include a Digital Content or E-Learning video, you are entitled to download and use such materials from the website or via email. All intellectual property rights in these Digital Content remain with MAGCOLM unless otherwise specified.
1.4 Privacy and Data Protection
By registering for our Services, you acknowledge and consent to our Privacy Policy in compliance with the Personal Data Protection Act 2010 (PDPA). You agree that MAGCOLM may process your personal data for the purpose of service delivery, certification. assessment and course administration.
1.5 Force Majeure
MAGCOLM reserves the right to defer the date of delivery of Products and/or Services or to cancel the Proposal/ Quotation or reduce the sessions of the training ordered by you (without liability to you) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of MAGCOLM, including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), interruption due to the delay in transportation, compliance with any order, regulation or request of any government of competent jurisdiction or any officer, department, agency or committee thereof or by any other event or circumstance of like or different character to the foregoing beyond the reasonable control of the party so failing to perform.
1.6 Governing Law
These terms and conditions are governed by and shall be construed and interpreted in accordance with the laws of Malaysia. Both parties agree to submit to the exclusive jurisdiction of the Malaysian courts.
2.0 ADVISORY SERVICES SPECIFIC TERMS
2.1 Order Process and Fees
MAGCOLM’s acceptance of the Client’s order for Advisory Services is evidenced and governed by the following conditions:
a. Client’s Intention to Purchase the Services
The Advisory Services (bundled with Training Services) contract is formally established upon Client signatory on the formal Proposal/Quotation (which may be executed electronically or in hard copy), which evidences the Client’s intention to purchase the Advisory Services.
b. Service Commencement
MAGCOLM’s obligation to commence the Advisory Services is strictly contingent upon the Receipt of the Required Payment, which is achieved when the financial conditions is met following MAGCOLM’s invoice(s) emailed to You.
2.2 Consultant(s) Working Hours
Advisory and Training Services delivered by MAGCOLM’s Consultant(s) shall be scheduled from Monday to Friday, based on a standard five-day work week, with a total of seven hours of work per day (excluding travel time, weekends and public/state holidays).
If Consultant(s) are required to work outside of normal working hours (i.e., 9 AM to 5 PM) or if sessions are conducted after 5 PM, on weekends (Saturday or Sunday) or during public/state holidays, an additional surcharge of RM648.00 (inclusive of 8% service tax) will be applied for each such occurrence.
MAGCOLM commits to providing and completing Advisory Services, which may include the provision of access to the LMS for E-Learning content and subsequent Training Services, in accordance with the Scope of Advisory Services outlined in the Proposal/Quotation. The Client is expected to fully support and cooperate with MAGCOLM to ensure the successful delivery and fully utilization of these Services.
2.3 Postponement and/or Cancellation of On-Site Visit(s)
Visits and appointments shall be arranged with at least fourteen (14) working days’ notice and confirmed in writing between MAGCOLM and the Client, king into account the nature and location of the project, as well as the prior commitments of both parties.
If the Client wishes to revise or cancel a confirmed visit or appointment, a written notice of at least seven (7) working days must be provided to MAGCOLM. This notice will facilitate the rescheduling of visits or appointments.
Should the Client postpone or cancel without providing the required written notice or if the notice is received less than three (3) working days prior to the scheduled visit, the Client shall incur a postponement charge of RM648.00 (inclusive of 8% service tax).
Additionally, any travel expenses incurred by MAGCOLM prior to the cancellation will also be the responsibility of the Client and must be paid in full.
2.4 On-Site Advisory Delivery Duration
a. MAGCOLM shall provide the Advisory Services to the Client based on the Advisory Services delivery duration agreed upon in the Proposal/Quotation, provided that payment is made in accordance with MAGCOLM’s invoice(s) subject that:
i. The Client shall fully commit to completing the certification process within the expiration period stated in the Proposal/Quotation.
ii. In the event the certification process is not completed within the said expiration period, the Client shall be liable to pay additional advisory fees, which shall be calculated at fifteen percent (15%) of the contract sum per annum, as compensation payable to MAGCOLM, commencing from the first day immediately following the expiry of the expiration period.
iii. In the absence of payment of such additional advisory fees, MAGCOLM shall not be obliged or responsible to continue, resume or proceed with any Advisory Services that fall outside the stipulated expiration period.
iv. The Proposal/Quotation may be extended by mutual agreement between both parties, provided the Client submits a written request for the extension, supported by valid reasons, which must be accepted by MAGCOLM. If the extension request is denied and the Proposal/Quotation duration has expired, the Client will be required to enter into a new Proposal/Quotation with MAGCOLM.
b. In the event of any bona fide disputes or differences arising between the parties concerning the Proposal/Quotation (including, but not limited to, disputes related to non-payment of charges, for whatever reason), either party shall attempt to resolve such disputes through internal mediation or discussion. The Client has the responsibility to inform MAGCOLM immediately, in writing, of any issues that may lead to a dispute, including but not limited to concerns regarding service, costs and deadlines.
2.5 Fees & Invoices
a. The fees quoted are applicable for travel, accommodation and other expenses incurred during the delivery of the Advisory Services and/or Training Services within Selangor and Kuala Lumpur only. Additional expenses, including but not limited to mileage, petrol, tolls, parking, flight tickets, meals, visa applications and accommodation, will be charged separately unless specified otherwise in the Proposal/Quotation.
b. Term of payment of invoices is seven (7) working days from the date of the invoice issued. An interest charge of 1.5% per month will be applied to any outstanding balance after the due date.
c. All payments payable to MAGCOLM must be made via online transfer prior to the commencement of Services.
d. The fees quoted do not include costs or fees associated with assessments or audits by Certification Bodies or any other fees/costs related to maintaining the management system.
e. Should there be a need for Consultant(s) to provide additional Training Services and/or Advisory Services beyond those specified in the Proposal/Quotation, such Services will incur separate charges.
f. For projects quoted under a lump-sum package, the fees are based on a fixed number of man-days to be performed by the Consultant(s) at agreed rates. If the actual Advisory Services exceed the proposed number of man-days, no additional charges will be imposed. However, if the project is completed in fewer man-days, the unutilized Advisory Services will not be refundable.
g. For projects quoted under a man-days package, the fees are based on a fixed number of man-days at agreed rates. If the actual Advisory Services exceed this number, additional charges will apply. Visits must be planned and agreed upon by both parties before the commencement of the appointment, including a detailed agenda. Any additional visits will be communicated and justified in writing to the Client. Upon agreement, additional visits will be charged and full payment must be made by the Client before those visits commence.
h. All invoices will be sent via email or in digital format only; no printed copies will be provided.
2.6 Advisory Services Delivery (Medium, Facilities, etc.)
a. Advisory Services will be conducted in either Bahasa Malaysia or English.
b. Advisory sessions will take place at the Client’s premises. The Client is responsible for providing the necessary facilities, including:
i. Whiteboard/Flip Chart
ii. A quiet, enclosed and conducive environment for discussions
c. For online Advisory Services via Online Zoom, the Client must ensure the following:
i. Sufficient devices with webcam/video capabilities (e.g., smartphones, laptops or PCs)
ii. Stable internet connectivity with adequate bandwidth/data
iii. A quiet, enclosed and conducive environment for discussions
iv. Good lighting
2.7 Confidentiality
a. Confidential Information
During the course of providing Advisory Services, the Consultant(s) may have access to confidential information belonging to the Client. This information may include, but is not limited to, business plans, financial data, proprietary processes, customer lists and any other sensitive information that is not publicly available.
b. Obligation of Confidentiality
The Consultant(s) agrees to treat all confidential information received from the Client with the utmost care and confidentiality. The Consultant(s) shall not disclose any such information to any third party without the prior written consent of the Client, except as required by law or as necessary to perform the Services outlined in the Proposal/Quotation.
c. Use of Confidential Information
The Consultant(s) shall use the confidential information solely for the purpose of performing the agreed-upon Advisory Services and shall not use such information for any other purpose without the Client’s prior consent.
d. Return of Confidential Information
Upon completion of the Advisory Services or upon request from the Client, the Consultant(s) shall promptly return all confidential information in their possession, including any copies or derived materials or destroy such information as instructed by the Client.
e. Duration of Confidentiality Obligation
The obligations of confidentiality set forth in this section shall survive the termination of the Advisory Agreement and remain in effect for a period of two (2) years from the date of termination.
f. Indemnification
The Consultant agrees to indemnify and hold harmless the Client from any claims, damages or losses arising from a breach of this confidentiality obligation.
2.8 No Inducement
Neither party shall, at any time during the engagement under the Proposal/Quotation, attempt to induce or solicit any employee, agent or representative of the other party to leave their position or to enter into a similar agreement with any other entity.
2.9 Termination
Either party can terminate the Proposal/Quotation for cause upon providing written notice of at least seven (7) working days under the following circumstances:
a. If there is a substantial breach of the terms and conditions by either party and such breach is not rectified within the specified notice period;
b. If either party becomes insolvent, bankruptcy or wound up, the other party shall have the right to terminate accordingly.
In the event of termination under any of the conditions specified in this clause 2.8, all outstanding charges or fees for Advisory Services rendered, along with any expenses incurred by MAGCOLM up to the date of termination, shall be immediately payable by the Client in full.
2.10 Miscellaneous
These Terms and Conditions may not be modified except through a written agreement signed by both MAGCOLM and the Client.
2.11 Completion of Services
The Advisory Services shall be deemed completed upon the fulfilment of all agreed obligations as outlined in the Proposal/Quotation.
2.12 Waiver
No failure or delay by a party to exercise any right or remedy provided under the Proposal/Quotation or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
2.13 Notice
Any notice or correspondence shall be in writing and shall be deemed sufficiently served if delivered by hand, sent by email or prepaid registered post to the intended recipient at their address stated herein or their last known address, including their respective solicitors or authorized agents. Notices sent by prepaid registered post shall be considered served and received by the recipient four (4) working days from the date of posting.
2.14 Representation and Warranties
The Client represents and warrants to MAGCOLM as follows:
a. The Client has all requisite power and authority to execute and deliver the Proposal/Quotation and has obtained all necessary approvals to conduct its business as outlined herein;
b. The execution and delivery of the Proposal/Quotation constitute a legal and binding obligation of the Client and are enforceable in accordance with its terms;
c. The Client will perform all its obligations accordingly to the Proposal/Quotation and any other obligations stated herein the agreement; and
d. The Client is not being wound up, is not involved in any bankruptcy proceedings whether voluntary or otherwise and has not been declared bankrupt. The Client further represents and warrants that it is not under judicial management, corporate voluntary arrangement or any other insolvency or restructuring process under Malaysian law.
e. MAGCOLM represents and warrants to the Client as follows:
i. MAGCOLM is committed to providing Advisory Services to the Client as stipulated in the Proposal/Quotation utilizing qualified Consultant(s) / Trainer(s) and will maintain transparency regarding any Advisory Services, ensuring they are performed in a timely manner with the necessary management support and commitment from the Client;
ii. MAGCOLM has all requisite power and authority to execute and deliver the Proposal/Quotation and has obtained all necessary approvals to conduct its business as outlined herein; and
iii. MAGCOLM is not being wound up, is not involved in any bankruptcy proceedings whether voluntary or otherwise and has not been declared bankrupt. The Client further represents and warrants that it is not under judicial management, corporate voluntary arrangement or any other insolvency or restructuring process under Malaysian law.
2.15 Severability
If any provision of Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed severed. Such determination shall not affect the validity or enforceability of any other part or provision of the Agreement.
2.16 Binding Proposal/Quotation
This Agreement shall bind the respective personal representatives, successors in title and permitted assigns of the parties hereto.
2.17 Refund Policy (Applicable for Advisory Services only)
Refunds are typically approved under specific circumstances for Advisory Services.
At MAGCOLM, we strive to provide high-quality Advisory Services and Training Services. Our refund policy is designed to ensure transparency and fairness for our clients.
a. Advisory Services Initial Advisory Services Fee
The fee for the initial Advisory Services is non-refundable and non-transferable. This fee covers the assessment and planning of Services tailored to your needs.
b. Service Cancellation
If you wish to cancel a scheduled service, please provide at three (3) working days’ notice prior to the scheduled date. Cancellations made within this period may result in a cancellation fee of RM648.00 (inclusive of 8% service tax).
c. Refund Eligibility
Refunds may be considered under the following circumstances:
i. The service was not delivered as agreed upon.
ii. The service provided did not meet the standards outlined in our agreement.
d. Refund Eligibility (Exclusions)
The following purchases are not eligible for refund:
i. Expired License
The license of the purchase is expired, which means the purchase has exceeded the product’s specified period
ii. Change of Mind
Refunds will not be granted for simply changing your mind about the Advisory Services after it has been booked. MAGCOLM encourages you to read the product description, course outline, curriculum and etc. before making the final purchase decision
iii. Client Delay
If the client fails to provide necessary information or access required for the Advisory Services, leading to delays in delivery.
iv. No-Show Policy
If the client does not attend a scheduled Advisory Services or meeting without prior notice, the fee will not be refunded.
v. Dissatisfaction Based on Subjective Expectations
Refunds will not be issued for subjective dissatisfaction if the service was delivered as per the agreed-upon terms.
vi. Third-Party Issues
Refunds will not be provided for any issues arising from third-party services or Products that are outside of our control.
vii. Force Majeure
Refunds will not be granted if the Advisory Services cannot be delivered due to circumstances beyond our control, including but not limited to natural disasters, pandemics or other unforeseen events.
viii. Advisory Services Utilization
No refunds will be issued for service that have already been utilized or partially delivered.
ix. Engaging Other Trainers or Consultants
If the client chooses to engage other Trainer(s) or Consultant(s), this will be considered as the client agreeing to terminate our Services and no refund will be issued.
x. Unutilized Services
Refunds for unutilized Services will only be considered if the client provides notice of cancellation as outlined in Clause 2.3 and if the Services have not yet been scheduled or delivered.
xi. A refund request due to technical issues or project delivery concerns may be declined if the Client refuses to cooperate with MAGCOLM, specifically by withholding detailed descriptions and information regarding the problem or by declining to apply the solutions provided by MAGCOLM.
e. Refund Process
To initiate a refund according to clause 2.17, please contact us at +6012-2992 738 within fourteen (14) working days of the Advisory Services delivery and provide the following information:
i. Your name and contact details
ii. Invoice number
iii. Reason for the refund request
f. Review Period
All refund initiated will be reviewed by MAGCOLM within fourteen (14) working days. We will notify you of the decision regarding your refund request.
2.18 Limitation of Liability and Disclaimer
a. No Guarantee of Certification
MAGCOLM provides Advisory Services on a best-effort basis, drawing on its experience and expertise. MAGCOLM does not warrant or guarantee that the Client will successfully obtain, maintain or pass any certification, audit or assessment (e.g., HACCP, ISO, MeSTI) from any Certification Body or regulatory authority. The successful outcome is contingent upon the Client’s internal commitment and resources.
b. Maximum Aggregate Liability
MAGCOLM’s total aggregate liability to the Client for any and all claims arising out of or in connection with the Advisory Services, including the acts or omissions of its Subcontractors, whether in contract, tort or otherwise, shall not exceed the total fees actually paid by the Client to MAGCOLM for that specific Advisory Services.
c. Exclusion of Consequential Loss
MAGCOLM shall not be liable for any indirect, special, incidental, punitive or consequential losses, including but not limited to loss of profit, loss of business opportunity, loss of reputation or loss of data.
3.0 TRAINING, E-LEARNING AND QUALIFICATION SPECIFIC TERMS
3.1 Order Process and Fees
a. Order Offer (Mandatory Online Submission)
Each submission of an order for Training Services via the WooCommerce online platform shall be deemed submitted by the Client for Training Services subject to these Terms. The signing of any physical document (Proposal/Quotation) by the Client is considered supplementary evidence required exclusively for external bodies (e.g., HRD Corp grant submission) and does not replace the mandatory online offer process.
b. Acceptance and Contract Formation
MAGCOLM’s acceptance of the Client’s offer is evidenced by EITHER of the following conditions being met:
i. Full Payment Clearance
The receipt of full payment as per the Invoice or Billing Instruction, verifiable through bank statements, QR code instant payment confirmation or online bank transfer slip submissions (B2B); OR
ii. HRD Grant Approval
MAGCOLM’s receipt of the official, automated email notification from HRD Corp confirming successful grant approval (which acknowledges the Client’s commitment to purchase).
The verification of payment clearance [from 3.1(b)(i)] following the mandatory online order submission constitutes MAGCOLM’s final acceptance and confirmation of the Client’s registration.
c. Payment Deadline
All payments must be received within fourteen (14) working days prior to the Service Commencement date. MAGCOLM reserves the right to cancel the Client’s enrollment if payment is not received within this timeframe.
d. Late Registration
If the Client registers for training within fourteen (14) working days of the commencement date, payment must be made immediately upon order placement.
e. Pricing
All prices in our Registration Form/Proposal/Quotation and/or on the Website are in MYR, with 8% service tax applied. MAGCOLM reserves the right to change prices before an order is placed.
f. Delivery Commencement
Training will not be delivered or commenced until EITHER full payment is received by MAGCOLM for the training and for any other training for which payment is due OR formal notification of HRD grant approval has been received by MAGCOLM.
g. Travel Charges
MAGCOLM will charge the Client for all expenses incurred during travel for Training Services purposes beyond a 40 KM radius from the MAGCOLM office. These expenses include, but are not limited to, transportation, accommodation, meals, tolls, parking and other necessary costs associated with delivering the training and shall be subject to 8% service tax where applicable, unless specified otherwise in the Proposal/Quotation.
h. HRD Corp Claims (B2B)
The Client is solely responsible for verifying if a course is HRD Corp claimable and obtaining grant approval before the training.
i. Grant Submission Delay and Postponement
MAGCOLM requires the Client to submit the grant application and relevant documentation within a reasonable timeframe. Should the Client delay the submission of the grant application due to internal uncertainty or any other reason, the scheduled training date will be automatically postponed.
ii. Grant Rejection
If the grant is rejected, partially approved or cancelled for any reason, the Client may make payment for the full outstanding balance of the course fee or the unapproved portion, whichever is applicable.
iii. Grant Documentation Validation and Participant Conduct
The Client is responsible for ensuring the accuracy of Participant lists and attendance records required for the HRD Corp grant claim. The Client warrants that all Participants will be cooperative and adhere to attendance requirements and conduct standards required during the training session. Failure by the Client or Participant to satisfy mandatory HRD Corp requirements (including but not limited to failing to validate total attendance, obtaining necessary signatures, adhering to required conduct or any non-compliance during HRD inspection) shall result in the immediate non-issuance of the certificate by MAGCOLM and the full course fees shall remain due and payable by the Client.
3.2 Intellectual Property & Prohibited Use
a. Ownership
All Digital Content provided (videos, slides, quizzes, manuals, etc.) is the exclusive intellectual property of MAGCOLM.
b. License Scope
The Client and/or Participant is granted only a limited non-exclusive, non-transferable license to access and view the content for personal educational purposes.
c. Prohibited Actions
The Client and/or Participant shall not copy, reproduce, screen-record, screenshot, download (unless explicitly permitted), upload, post transmit or distribute any part of the course content in any form or by any means.
d. Account Security
Login credentials are for the sole use of the specific registered Participant. Sharing login details is strictly prohibited.
3.3 Certificates, Materials, Pax Requirements and Access
a. Issuance Criteria
MAGCOLM will prepare electronic Certificates of Attendance for Participants with at least 75% of attendance of the total modules/training. For E-Learning, completion is verified strictly via automated LMS activity logs. The Client is responsible for the accuracy of Participants’ names and information provided. The Client must register & submit Participants’ details (name and identification number) prior to course commencement.
b. Hard Copies
Certificates will be sent via courier to one (1) location per company, with additional handling charges of RM 11.00 (inclusive of 8% service tax) per location. This applies only to Food Handler Training.
c. Re-issuance
If the Client provides incorrect information for Participants’ names or fails to submit changes within the stipulated period, a penalty charge of RM 27.00 (inclusive of 8% service tax) per name will apply for re-issuance of Certificates. This applies only to Food Handler Training.
d. External Government Delays & System Outages
The Client explicitly acknowledges and agrees that MAGCOLM shall not be held liable for any delays in certificate issuance, system data reflection or grant payment release caused by external government agencies or third-party system failures. MAGCOLM is not responsible for any delays in certificate issuance that arise after the necessary documentation has been duly submitted by MAGCOLM. This specifically includes:
i. HRD Corp
Delays in grant approval, claim processing or the release of funds by HRD Corp. The Client acknowledges that the issuance of certificates related to grant-funded training (e.g., HRD Corp) is subject to the review and processing timelines of the external government agency.
ii. MOH FoSIM
Operational disruptions, including but not limited to server unavailability, technical errors or unscheduled maintenance affecting the MOH Food Safety Information System of Malaysia (FoSIM), which prevent the timely registration of Participant data or generation of certificates. Technical downtime, unscheduled maintenance or outages of the MOH Food Safety Information System of Malaysia (FoSIM).
Consequence: In such events, the Client agrees that the timeline for delivery will be automatically extended until the external issues are resolved.
e. Training Notes
For training courses (both physical and online), MAGCOLM will provide one (1) copy of handouts in PDF format or digital downloads via email. The Client is responsible for duplicating and distributing copies to Participants for reference during the course.
f. Pax Requirement
The training class size is limited as specified in the online Registration Form and/or Proposal/Quotation to ensure effective interaction and compliance with MOH/HRD Corp requirements.
3.4 Schedule of Training and Delivery
a. Working Hours
All Training Services provided by MAGCOLM’s Trainers will be arranged from Monday to Friday, based on a four (4) or seven (7) hours working day (excluding travel time, weekends and public/state holidays). If Trainers are required to work outside normal hours (i.e., 9 am to 5 pm) or during weekends/public holidays, such arrangements will be reviewed on a case-by-case basis.
b. Physical Training Facilities
For in-person training, the Client must provide the following:
i. Whiteboard/Flip Chart
ii. A quiet, enclosed, conducive environment for training
iii. Good lighting
c. Remote Online Training Facilities
For online training, the Client must ensure:
i. Stationery (A4 papers, marker pens, etc.)
ii. Sufficient devices with webcam/video capabilities (smartphone, laptop or PC)
iii. Stable online connectivity with adequate bandwidth/data
iv. A quiet, enclosed, conducive environment for training
v. Good lighting
d. Language
Training will be conducted in Bahasa Malaysia or English. Mandarin will be available upon request.
3.5 Cancellation & Refund Policy: Category A (PHYSICAL & REMOTE ONLINE TRAINING)
This clause applies strictly to Public Training, In-House Training and Online Zoom Training.
a. General Cancellations
If the Client wishes to cancel a confirmed training booking and apply for a refund, a formal written request must be submitted to MAGCOLM. MAGCOLM reserves the right to impose the charges outlined in the fee schedule below. However, no cancellation fee will be charged if a substitute Participant is nominated prior to the training, provided written notice is given. In the event of a valid pre-enrollment cancellation, a minimum 30% administrative fee will be charged to cover manual administrative time required to verify and process the cancellation.
b. Notice Period:
| Notice Period (Prior to Training) | Refund Eligibility |
| > 14 working days | 70% refund (30% administration fees applies) |
| 7-14 working days | 50% refund (50% administration fee applies) |
| < 7 working days or no show and/or absent | No refund |
c. Minimum Value
Refunds are only applicable for training invoices exceeding RM 600.00. No refunds will be issued for amounts below this threshold.
d. Exclusions
Food Handler Training is strictly non-refundable. However, Participant replacements are permitted at no additional cost provided notice is given before training commences.
e. Cancellation or Program Changes by MAGCOLM:
i. Training will commence on the date specified by MAGCOLM in the online Registration Form unless otherwise agreed in writing. MAGCOLM reserves the right to change the date, time, venue and Trainer(s) due to unavoidable circumstances including technical disruptions or trainer unavailability caused by sudden illness, travel disruptions or family emergencies, etc. These unavoidable circumstances will be communicated and updated to the Client.
ii. If a course cannot be rescheduled or if the Client cannot attend the new date, the Client will receive a full refund for the cancelled training but will not be entitled to any compensation for travel expenses, losses or damages.
iii. MAGCOLM will make reasonable efforts to notify of any cancellations or necessary alterations to the program.
f. Refund Eligibility (Exclusions)
The following purchases are not eligible for refund:
i. Less than 7 Days’ Notice (Public/In-House Training)
No refunds will be issued for cancellation requests received less than seven (7) working days prior to the scheduled training commencement, irrespective of the initial order date.
ii. Change of Mind After Commencement
There shall be no refund for any payment made due to change of mind about the service after service has been commenced. MAGCOLM strongly encourages reviewing the product description, course outline, curriculum and prerequisites before making the final purchase decision.
iii. No-Show Policy
If a registered Participant does not attend a scheduled training session or meeting (physical or remote online) without providing prior notice. The full training fee will not be refunded.
iv. Dissatisfaction Based on Subjective Expectations
Refunds will not be issued for subjective dissatisfaction if the Training Services was delivered as per the agreed-upon terms and published course outline.
v. Third-Party Platform Issues
Refunds will not be provided for any issues arising from third-party services or products (e.g., Participant’s slow internet connection, personal hardware failure, third-party certification body delays) that are outside of our control.
vi. Force Majeure
Refunds will not be granted if the scheduled training cannot be delivered or completed due to circumstances beyond our control.
vii. Engaging Other Training Providers
If the client chooses to engage other trainers or consultants for the Services booked with us, this will be considered the client agreeing to terminate our Services and no refund will be issued.
viii. Failure to Meet Accreditation/Claim Requirements
Refunds will not be granted for unutilized Services if the reason for cancellation is based on the training not meeting an external requirement (e.g., the client’s failure to verify the training is HRD-claimable or meets specific MOH FHT accreditation criteria). The client is responsible for verifying the training suitability for their specific regulatory or grant needs prior to purchase
ix. Refund Eligibility for Unutilized Training
Refunds for unutilized public or in-house Training Services will only be considered if all the following conditions are met:
– The notice of cancellation is submitted in accordance with Clause 3.2;
– The total training fee exceeds RM 600.00; AND
– The request is received more than seven (7) working days prior to the scheduled training commencement date.
x. Requirement to Cooperate (Technical Support)
Refund requests based on E-Learning technical issues or course delivery concerns are contingent upon the Client’s cooperation; MAGCOLM reserves the right to decline any such request if the Client and/or Participants refuse to engage in reasonable troubleshooting efforts with MAGCOLM.
xi. Public Training Cancellation (Insufficient Enrollment)
If a public training is cancelled by MAGCOLM due to insufficient minimum enrollment, a full refund will be offered to the client. However, no compensation will be paid for any consequential losses or costs incurred by the Participant.
3.6 Cancellation & Refund Policy: Category B (E-LEARNING & DIGITAL PRODUCTS)
This clause applies strictly to Magcolm+ LMS Access
a. General Cancellations
E-Learning courses are purchased for digital access and proprietary materials. Course fees are 100% non-refundable and non-transferable once Service Commencement has occurred, as the service is considered immediately rendered. The tiered refund schedule in Clause 3.2 does NOT apply to E-Learning.
b. Definition of Service Commencement (Point of No Return)
Service is deemed delivered / commenced upon the fulfilment of EITHER of the following conditions, whichever occurs first:
| Acceptance Path | Triggering Condition |
| Full Payment (B2C/B2B) | MAGCOLM has verified full payment clearance and has transmitted the official Notification Email to the Client (or the nominated Participant) confirming the account is active and the course is ready for access. (MAGCOLM commits to sending this email within 60 minutes of payment clearance during standard business hours: Monday to Friday, 9:00 AM to 5:00 PM GMT+8 hour). Note: Service is deemed delivered upon the timestamp of the sent email, regardless of whether the Client has opened the email or if it was routed to a spam/junk folder. |
| HRD Grant Approval | MAGCOLM has received the automated grant approval notification from HRD Corp AND has subsequently transmitted the official Notification Email confirming the account is active and the course is ready for access. |
| Content Access Override | The Client and/or Participant has logged into the LMS and viewed, downloaded or streamed or otherwise accessed any portion of the course materials or proprietary content. |
c. Dispute Resolution (Post-Service Commencement & Access Verification)
In the event of any dispute arising after Service Commencement as to whether the Services have commenced, whether Service Commencement has occurred or whether any user or Participant has accessed the Services or content, MAGCOLM’s system logs and any third-party monitoring or activity-tracking applications shall constitute the definitive, conclusive and binding evidence of service delivery and access.
Such records shall include, without limitation, official email transmission timestamps, LMS login records, user access data, IP addresses and page or content view logs and shall be final, determinative and not subject to challenge, save for manifest error.
d. Pre-Commencement Cancellation
A refund request is only valid if submitted in writing after payment has been processed but before Service Commencement (as defined in Clause 3.3 c)) has occurred. In the event of a valid pre-enrollment cancellation, a minimum 30% administrative fee will be charged to cover manual administrative time required to verify and process the cancellation. The remaining amount will be refunded.
e. Start Date
The timestamp of the official Notification Email (in Clause 3.3(b)(i) or 3.3(b)(ii)) will count as the start date for the course access period, regardless of whether the Client has opened the email.
f. NON-TRANSFERABILITY
Once Service Commencement has occurred, access to the Digital Content is assigned strictly to the named Participant. The access license cannot be transferred swapped or reassigned under any circumstances.
g. COURSE DURATION & ACCESS VALIDITY
i. Fixed Access Period
The license to access the Digital Content is granted for the limited period specified as the Course Duration in the purchase agreement.
ii. Expiry & Forfeiture
The Course Duration begins strictly from the date of Service Commencement. Upon expiration, access to the LMS and materials will automatically terminate. Any progress not completed within this timeframe is forfeited.
h. Refund Eligibility (Exclusions)
The following purchases are not eligible for refund:
i. Post-Access Change of Mind
Refunds will not be granted solely because the Participant or organization has changed their mind about the service after Service Commencement (i.e., after receiving the activation email or accessing the content).
ii. Failure to Complete
Refunds will not be issued if the Participant fails to complete the course within the stipulated access period or due to general lack of motivation or time. The purchase grants access and it is the Participant’s responsibility to utilize it.
iii. Dissatisfaction Based on Subjective Expectations
Refunds will not be issued for subjective dissatisfaction if the E-Learning service was delivered as per the published course outline and the technical platform functioned correctly.
iv. Technical Issues (Uncooperative Client)
Refund requests based on E-Learning technical issues or course delivery concerns are contingent upon the Client’s cooperation; MAGCOLM reserves the right to decline any such request if the Client and/or Participants refuse to engage in reasonable troubleshooting efforts with our MAGCOLM.
v. Third-Party Platform/System Issues
Refunds will not be provided for any issues arising from third-party services or products outside of our control, including but not limited to the Participant’s personal hardware/software failure (e.g., incompatible browser, outdated operating system).
vi. Digital Piracy/Content Security Breach
If MAGCOLM determines, at its sole discretion, that the user account has been used to attempt or commit digital piracy, unauthorized sharing or a breach of the content security terms, the account will be immediately terminated without a refund.
vii. Access Expiration
Refunds will not be granted for unutilized time or content once the specified access period (e.g., 2 months) for the course has expired.
3.7 Cancellation & Refund Policy: Category C (BLENDED COACHING)
This clause applies to packages containing BOTH physical / Zoom Online AND Magcolm+ LMS Access.
Where a Service includes both physical training and digital access, the following priority rules apply:
a. Pre-Access
If the Client and/or Participant has NOT yet accessed the LMS component, the cancellation terms in Clause 3.2 (Category A) shall apply to the entire package.
b. Post-Access
If the Client and/or Participant HAS accessed the LMS component (logged in or viewed content), the Strictly Non-Refundable rule in Clause 3.3 (Category B) takes precedence. The Service is deemed to have commenced and no refund will be issued for the package, even if the physical training date has not yet arrived.
3.8 Technical Requirements & Platform Disclaimer
a. Client Responsibility
The Client is solely responsible for having the necessary hardware software and internet connection required to access the LMS.
b. Corporate Firewalls
The Client must ensure their corporate firewalls do not block MAGCOLM’s LMS or video streaming servers.
c. Platform Availability
While MAGCOLM aims for 24/7 platform availability, interruptions for scheduled maintenance or force majeure events do not entitle the Client to a refund.
3.9 Limitation of Advice
Digital Content, blog posts and Magcolm+ LMS resources are merely constitute for educational and informational purposes only and shall not be solely relied upon for the specific facility or business operation. Client shall seek specific advice through a formal Advisory Project engagement for critical compliance decisions.
3.10 Participant Reliance and Interpretation Risk
The Client acknowledges that MAGCOLM’s training and content rely on the active, accurate interpretation and correct application of principles by the Participant. MAGCOLM assumes no responsibility for any loss, damage or consequence arising from the Participant’s misinterpretation, incorrect application or failure to adapt the training content to their specific, unique operational environment or regulatory requirements.
4.0 USE COOKIES
4.1 Cookies Policy
MAGCOLM may use cookies which are small text files which the Website may place on your computer or mobile device when you visit the Website. For example, MAGCOLM may collect your IP address, web browser software (such as Firefox, Internet Explorer, Safari or Chrome) and store the details in a unique encrypted cookie. The cookie will help the Website or another referring website, to authenticate current user access and recognise your device the next time you visit the Website. This will allow MAGCOLM to retrieve your account and preferences, login/application details, analyse how well the Website is performing or even allow MAGCOLM to recommend content MAGCOLM believes will be most relevant to you.
4.2 Browser Settings
Most browsers allow you to choose not to receive a cookie file by enabling your web browser to refuse cookies or prompt you before accepting a cookie. Be advised that, by refusing to accept a cookie, you may not be able to access many Services and tools offered on the Website.
5.0 ACCESS & CORRECTION REQUESTS AND INQUIRIES
5.1 Your Data Subject Rights
You may request access to or correction of your Personal Data held by MAGCOLM, submit queries or complaints regarding data processing, limit processing for additional purposes or withdraw consent by contacting our Data Protection Officer at the details below:
MAGCOLM SOLUTIONS SDN BHD
Registration No: 201301042053 (1071878-U)
3-1-6, Kompleks Kantonmen Prima,
Batu 4 ½, Jalan Ipoh,
51200 Kuala Lumpur, Malaysia
Tel: (6012) 299 2738
Email: info@magcolm.my
5.2 Third-Party Personal Data (Client Warranty)
If the Client provides the Personal Data from the Participant (e.g., your employees, Participants or family members), the Client warrants that:
a. Consent is Obtained
The Client has obtained the necessary consent from those individuals for MAGCOLM to process their data for the purposes of Services and certification; and
b. Accuracy
The data provided is accurate and complete.
5.3 Processing of Site Activity Data
MAGCOLM uses third-party services to securely monitor activity on the Website and Magcolm+ LMS. By using our Services you acknowledge and consent that activity data, which may include your user ID IP address time spent on the site and actions taken (e.g. course progress or purchases) is collected by a third-party data processor and stored on their external servers for security auditing and performance purposes. MAGCOLM remains the data controller for this information and ensures the processor adheres to strict data protection standards.
6.0 ACKNOWLEDGEMENT AND CONSENT
6.1 Final Acceptance of Terms
By proceeding with any order registration or service access the Client confirms that they have read understood and accepted all provisions within these Terms including the strict cancellation refund and liability limits
6.2 Language of Agreement
This Agreement has been drafted in English and shall be governed by the English language version exclusively.
7.0 WEBSITE USE DISCLAIMER
7.1 Third Party Website Links
Through this Website, you may link to other websites that are not under the control of MAGCOLM.
a. General Liability
MAGCOLM has no control over the nature content or availability of those sites. The inclusion of any links does not imply a recommendation or endorsement. You access any third-party websites entirely at your own risk.
b. Data and Privacy
MAGCOLM is not responsible for the data collection, security or privacy practices of these third-party sites. If you provide Personal Data or financial information to those external sites, the policies and liability of those sites apply exclusively.
7.2 Website Availability and Liability
Every reasonable effort is made to keep this Website running smoothly. However MAGCOLM takes no responsibility and will not be liable for this Website being temporarily unavailable due to technical issues or external factors beyond our control.
7.3 Exclusion of Consequential Loss (Website Use)
In no event shall MAGCOLM be liable for any loss or damage arising from the use of this Website, including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits. This exclusion applies only to the use of the public Website and does not limit the specific liability caps defined in Clause 2.17 and Clause 3.7 which govern the Advisory and Training Services.
End
Last updated: 21 December 2025
© Copyright 2019 – 2026 by Magcolm Solutions Sdn Bhd (Reg. No. 201301042053)
© Copyright 2019 – 2025 by Magcolm Solutions Sdn Bhd (Reg. No. 201301042053)
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