TERMS AND CONDITIONS

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 PROJECT SPECIFIC TERMS

2.1 Order Process
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 Project 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/Order Request
2.17    Refund Policy (Applicable for Advisory Project 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    Cancellation & Refund (Applicable for Public & In-House Training)
3.3    Cancellation & Refund (Applicable For E-Learning Courses)
3.4    Certificates, Materials, Pax Requirements and Access
3.5    Schedule of Training and Time Scale
3.6    Training Delivery (Language, Medium and Facilities)

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    Refusal of Requests and Fees
5.3    Third-Party Personal Data (Client Warranty)

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 PROVISION

1.1 Definitions

In these Conditions, the following definitions apply:

• Advisory Project: Refers to the services involving expert guidance, recommendations and opinions provided by MAGCOLM to the Client, distinct from standard Training Services.

• Billing Instruction: The instructions stated and/or provided in the Registration Form and/or Proposal/Quotation/Order Request, whether submitted physically or completed online during the checkout process on our website.
• Consultant(s) / Trainer(s): Refers to MAGCOLM’s assigned personnel and/or legally engaged Subcontractors who carry out the Services. For descriptive purposes in this Agreement, these individuals may also be referred to as “Industry Experts.”
• Digital Content: Refers to all electronic and digital materials provided by MAGCOLM, including but not limited to PDF training notes and/or attachment, PDF SOP, PDF books, e-books, videos, e-learning modules or software, and any content hosted on the LMS or provided via download link.
• Learning Management System (LMS) / Magcolm+ Platform: The proprietary online learning platform, branded as Magcolm+, hosted by or on behalf of MAGCOLM used to deliver, track and manage Digital Content and E-Learning courses.
• Magcolm+ Virtual Coach: The defined post-session support and Trainer Mentorship service provided to Participants.
• Participant / Delegate: The individual person nominated by the Client who attends, accesses or participates in the Products or Services.
• Products: The tangible and digital goods purchased from the website and/or as per the Proposal/Quotation/Order Request, including Digital Content.
• Services: The professional services purchased from the website and/or as per the Proposal/Quotation/Order Request, including Public Training, In-house Training, Advisory Projects, E-Learning, Blended Coaching and International Qualification courses.
• In-House Training: Customized training organized by the Client for their staff, delivered via Physical, Online Zoom or a Blended approach that integrates online coaching and online learning resources through Magcolm+ Platform and Virtual Coach resources.
• Public Training: Training organized by MAGCOLM, open for public registration, which includes training programs, webinars, etc., delivered via physical, Online Zoom, or a Blended approach that integrates online coaching and online learning resources through Magcolm+ Platform and Virtual Coach resources.
• Qualification Training: Qualification courses approved by the Ministry of Health or international certification bodies, including food handler training and international accredited qualification programs.
• Online Zoom / Remote Online Training: Virtual training conducted when the learner and trainer are unable to meet in a physical classroom setting.
• Physical Training: Delivery of training sessions to employees at their place of business or another in-person location.
• E-Learning: Self-paced online training modules delivered exclusively via the LMS, allowing Participants to learn independently at their convenience, incorporating interactive elements and assessments to enhance learning outcomes.
• Association Co-Branded Training: Training offered in collaboration with Trade or Professional Association, typically involving exclusive discounts or bundled services and subject to the specific verification requirements outlined in Clause 3.1.
• Proposal/Quotation/Order Request: The commercial document, issued by MAGCOLM, detailing the scope, fees, dates and commercial terms of the Products or Services offered.
• Registration Form: The form, interface or web page (including the WooCommerce checkout interface) used by client to register for MAGCOLM’s Products and/or Services, whether completed physically or through our online platform.
• Service Commencement: The moment at which Products or Services (specifically Digital Content) are first made available to the Client, as further defined in Clause 3.3.
• Subcontractor: Any third-party individual, entity, academician, subject matter expert or lecturer engaged by MAGCOLM to assist in the design, development and/or delivery of the Advisory Project or Training Services.
• Terms: These terms and conditions, as amended from time to time.
• Website: The MAGCOLM Website at https://www.magcolm.my, including all associated subdomains and portals.

1.2    Scope of Services and Order of Precedence

These terms apply to all services provided by MAGCOLM (“MAGCOLM”),  including but not limited to Public Training, In-House Training, Advisory Project, E-Learning, Blended Coaching and International Qualification courses. 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.

1.2    About Us

Magcolm Solutions Sdn Bhd
Registration No: 201301042053 (1071878-U)
Contact Information:

• Address: 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur
• Telephone: 012-2992738 (Sales)
• Email: info@magcolm.my

1.3    Copyright

a) You acknowledge and agree that MAGCOLM owns all intellectual property rights in its products and services including e-learning materials. Except as expressly stated herein, the Proposal, Quotation or Order Request does not grant you any rights to patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other intellectual property related to the products.

b) No part of any publication, training materials, training notes, e-learning content, video production or any works by MAGCOLM may be reproduced 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.

c) If the services you purchase include a Digital Download or e-learning video, you are entitled to download and use such materials from the website or via email without a separate license. All intellectual property rights in these Digital Downloads remain with MAGCOLM unless otherwise specified.

d) All advisory / consultancy projects, publications, training materials, e-learning resources and video productions must be kept confidential by the client. The client shall not use these materials without prior written consent from the Director of MAGCOLM.

e) Video and/or audio recordings of advisory / consultancy projects or training sessions, including e-learning sessions, are prohibited unless agreed upon in writing or used by MAGCOLM’s consultants or trainers for training purposes.

1.4    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.

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/ Order Request 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.

2.0    ADVISORY PROJECT SPECIFIC TERMS

2.1    Consultant(s) Working Hours

Consultations and training sessions 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 Solutions Sdn Bhd commits to providing and completing consultancy services, including e-learning and training sessions, in accordance with the Scope of Services outlined in the Proposal/Quotation/Order Request. The Client is expected to fully support and cooperate with MAGCOLM to ensure the successful delivery of these services.

2.2    Postponement and/or Cancellation of On-Site Visit(s)

Visits and appointments shall be arranged and confirmed in writing between Magcolm Solutions Sdn Bhd and the Client, considering 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 7 working days must be provided to Magcolm Solutions Sdn Bhd. 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 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 Solutions Sdn Bhd prior to the cancellation will also be the responsibility of the Client and must be paid in full.

2.3    On-Site Consultation Delivery Duration

a) Magcolm Solutions Sdn Bhd shall provide consultancy services to the Client based on the consultancy project delivery duration agreed upon in the Proposal/Quotation/Order Request. The Client must fully commit to completing the certification process before the expiration of the Proposal/Quotation/Order Request. If the certification process is not completed by the expiration date, the remaining contract sum will be subject to a 15% annual increment as compensation payable to Magcolm Solutions Sdn Bhd. The Proposal/Quotation/Order Request 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 Solutions Sdn Bhd. If the extension request is denied and the Proposal/Quotation/Order Request duration has expired, the Client will be required to enter into a new Proposal/Quotation/Order Request with Magcolm Solutions Sdn Bhd.

b) In the event of any bona fide disputes or differences arising between the parties concerning the Proposal/Quotation/Order Request (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 Solutions Sdn Bhd immediately, in writing, of any issues that may lead to a dispute, including but not limited to concerns regarding service, costs and deadlines.

2.4    Fees & Invoices

a) The fees quoted are applicable for travel, accommodation and other expenses incurred during the delivery of the Project 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/Order Request.

b) Payment of invoices is due within seven (7) 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 Solutions Sdn Bhd 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 and/or consultancy services beyond those specified in the Proposal/Quotation/Order Request, 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 consultancy sessions 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 consultancy sessions 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 consultancy sessions 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.

2.5    Advisory  / Consultancy Project Delivery (Medium, Facilities, etc.)

a) Advisory / Consultancy sessions will be conducted in either Bahasa Malaysia or English.

b) Advisory sessions will take place at the Client’s premises, online Zoom or via e-learning. The Client is responsible for providing the necessary facilities, including:

• Whiteboard/Flip Chart
• A quiet, enclosed and conducive environment for discussions

c) For online advisory / Consultancy sessions, the Client must ensure the following:

• Sufficient devices with webcam/video capabilities (e.g., smartphones, laptops,
  or PCs)
• Stable internet connectivity with adequate bandwidth/data
• A quiet, enclosed and conducive environment for discussions
• Good lighting

2.6    Confidentiality

a) Confidential Information: During the course of providing consultancy services, the Consultant 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 agrees to treat all confidential information received from the Client with the utmost care and confidentiality. The Consultant 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/Order Request.

c) Use of Confidential Information: The Consultant shall use the confidential information solely for the purpose of performing the agreed-upon consultancy 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 consultancy services or upon request from the Client, the Consultant 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 consultancy 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.

2.7    No Inducement

Neither party shall, at any time during the engagement under the Proposal/Quotation/Order Request, 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.

2.8    Termination

Either party can terminate the Proposal/Quotation/Order Request 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 goes into voluntary liquidation for purposes other than reconstruction or amalgamation.

c) If either party becomes insolvent, seeks bankruptcy protection or ceases business operations, the other party shall have the immediate right to terminate.

d) By Magcolm Solutions Sdn Bhd if:

(i) Payments due remain unpaid for seven (7) days after the due date;

(ii) The scope of the Proposal/Quotation/Order Request has been altered by the Client in a way that no longer conforms to the original agreement.

e) By the Client if:

(i) The duties and responsibilities of Magcolm Solutions Sdn Bhd, Consultant(s) or Trainer(s) are not fulfilled as stated in Clause 2.13.

In the event of termination under any of the conditions specified in this clause 2.8, all outstanding charges or fees for consultancy services rendered, along with any expenses incurred by Magcolm Solutions Sdn Bhd up to the date of termination, shall be immediately payable by the Client in full.

2.9    Miscellaneous

These Terms and Conditions may not be modified except through a written agreement signed by both Magcolm Solutions Sdn Bhd and the Client.

2.10    Completion of Services

The consultancy services shall be deemed completed upon the fulfilment of all agreed obligations as outlined in the Proposal/Quotation/Order Request.

2.11    Waiver

No failure or delay by a party to exercise any right or remedy provided under the Proposal/Quotation/Order Requestor 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.

2.12    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 email or prepaid registered post shall be considered served when they would ordinarily be expected to be received.

2.13    Representation and Warranties

The Client represents and warrants to Magcolm Solutions Sdn Bhd as follows:

(a)  The Client has all requisite power and authority to execute and deliver the Proposal/Quotation/Order Request and has obtained all necessary approvals to conduct its business as outlined herein;

(b)  The execution and delivery of the Proposal/Quotation/Order Request 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 hereunder in compliance with all applicable laws; and

(d)  The Client is not in the process of being wound up and is not threatened by any pending winding-up proceedings.

Magcolm Solutions Sdn Bhd represents and warrants to the Client as follows:

(a) Magcolm Solutions Sdn Bhd is committed to providing Services to the Client as stipulated in the Proposal/Quotation/Order Request and will maintain transparency regarding any Services, ensuring they are performed in a timely manner with the necessary management support and commitment from the Client;

(b) Magcolm Solutions Sdn Bhd has all requisite power and authority to execute and deliver the Proposal/Quotation/Order Request and has obtained all necessary approvals to conduct its business as outlined herein;

(c) The execution and delivery of the Proposal/Quotation/Order Request constitute a legal and binding obligation of Magcolm Solutions Sdn Bhd and are enforceable in accordance with its terms;

(d) The performance by Magcolm Solutions Sdn Bhd of all its obligations hereunder will be conducted in compliance with all applicable laws; and

(e) Magcolm Solutions Sdn Bhd is not in the process of being wound up and is not threatened by any pending winding-up proceedings.

2.14    Severability

If any provision of the Proposal/Quotation/Order Request 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 Proposal/Quotation/Order Request.

2.15    Binding Proposal/ Quotation/ Order Request

This Proposal/Quotation/Order Request shall bind the respective personal representatives, successors in title and permitted assigns of the parties hereto.

2.16   Refund Policy (Applicable for consultancy project only)

Refunds are typically approved under specific circumstances for advisory / consultancy projects.

At Magcolm Solutions Sdn Bhd, we strive to provide high-quality advisory / consultancy services and training. Our refund policy is designed to ensure transparency and fairness for our clients.

a. Advisory / Consultancy Services

• Initial Consultation Fee: The fee for the initial consultation 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 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:
  • The service was not delivered as agreed upon.
  • The service provided did not meet the standards outlined in our agreement.

d. Refund Eligibility (Exclusions)

• The following purchases are not eligible for refund:

1. Expired License: The license of the purchase is expired, which means the purchase has exceeded the product’s specified period
2. Change of Mind: Refunds will not be granted for simply changing your mind about the service after it has been booked. Magcolm Solutions encourages you to read the product description, course outline, curriculum and etc. before making the final purchase decision
3. Client Delay: If the client fails to provide necessary information or access required for the service, leading to delays in delivery.
4. No-Show Policy: If the client does not attend a scheduled service or meeting without prior notice, the fee will not be refunded.
5. Dissatisfaction Based on Subjective Expectations: Refunds will not be issued for subjective dissatisfaction if the service was delivered as per the agreed-upon terms.
6. Third-Party Issues: Refunds will not be provided for any issues arising from third-party services or products that are outside of our control.
7. Force Majeure: Refunds will not be granted if the service cannot be delivered due to circumstances beyond our control, including but not limited to natural disasters, pandemics or other unforeseen events.
8. Service Utilization: No refunds will be issued for services that have already been utilized or partially delivered.
9. Engaging Other Trainers or Consultants: If the client chooses to engage other trainers or consultants, this will be considered as the client agreeing to terminate our services and no refund will be issued.
10. Unutilized Services: Refunds for unutilized services will only be considered if the client provides notice of cancellation as outlined in Section 2 and if the services have not yet been scheduled or delivered.
11. A refund request due to technical issue / project delivery concern, with the customer refusing to cooperate with the Magcolm Solutions Technical Team in attempts at troubleshooting by declining to provide detailed descriptions and information regarding the problem or refusing to try to apply the solutions provided by the Magcolm Solutions Support Team.

e. Refund Process

• To request a refund, please contact us at +6012-2992 738 within 14 days of the service delivery. Please provide the following information:
  • Your name and contact details
  • Invoice number
  • Reason for the refund request

f. Review Period

• All refund requests will be reviewed within 21 business days. We will notify you of the decision regarding your refund request.

g. Amendments

• We reserve the right to amend this refund policy at any time. Any changes will be communicated to clients in advance.

3.0    TRAINING SPECIFIC TERMS

3.1    Training Terms

These training service terms and conditions (“Terms”) govern the delivery of training courses (“Training”) conducted by Magcolm Solutions Sdn Bhd as follows:

a) In-House Training: Customized training organized by the Client for their staff, delivered either online, in-person or through a blended approach, including Online Coaching.

b) Public Training: Training organized by Magcolm Solutions Sdn Bhd, open for public registration, which includes training programs, webinars, etc., delivered via online, in-person or blended methods, including Online Coaching.

c) Qualification Training: Qualification courses approved by the Ministry of Health or international certification bodies, including food handler training and international accredited qualification programs.

d) Remote Online Training: Virtual training conducted when the learner and trainer are unable to meet in a physical classroom setting.

e) Physical Training: Delivery of training sessions to employees at their place of business or another in-person location.

f) E-Learning: Self-paced online training modules that allow learners to learn independently at their convenience, incorporating interactive elements and assessments to enhance learning outcomes.

g) Food Safety Academy: Specialized training programs focusing on food safety practices, regulations and compliance, aimed at enhancing knowledge and skills among food industry professionals.

3.2    Order Process and Acceptance

a) Any online Registration Form and/or Proposal/Quotation/Order Request submitted by the Client and accepted by Magcolm Solutions Sdn Bhd via email or other electronic means shall be deemed accepted upon receipt of full payment as per the Invoice / Billing Instruction or the final amount stated in the Online Checkout Page. Training registration is not confirmed until payment is cleared.

b) All transactions for public training services will be processed through our WooCommerce online platform, ensuring a secure and efficient registration experience for the Client.

c) If applicable, the Client is responsible for obtaining HRD Corp training grant approval prior to registration. Proof of grant approval must be provided to confirm eligibility for any subsidized training fees.

d) Our Personal Data Protection Policy (the ‘Privacy Policy’) outlines how we process any personal data collected from you or provided by you. By using our site, you consent to such processing and confirm that all data provided is accurate.

e) Each order or acceptance of an Online Order Page or Registration Form and/or Proposal/Quotation/Order Request for training from you shall be deemed an offer to enrol in training subject to these conditions.

3.3    Fees and Invoices

a) All payments must be received within fourteen (14) days prior to the commencement of the training. Magcolm Solutions Sdn Bhd reserves the right to cancel or postpone the Client’s enrollment if payment is not received within this timeframe.

b) If the Client registers for training within fourteen (14) days of the commencement date, payment must be made immediately upon order placement. No fees are refundable upon confirmation of the training, except as outlined in Clause 3.4(a)(ii).

c) Cooling-Off Period: Clients have a three (3) business days cooling-off period from the date of payment to cancel their registration for training, excluding e-learning courses (ala-cart or in bundles). During this period, a full refund (after deduction of payment gateway and admin processing fees) will be issued, provided that no training materials have been accessed or issued. After the cooling-off period, normal cancellation policies will apply.

d) All invoices will be sent via email or in digital format only.

e) Online payment for training shall be made during registration.

f) All prices in our registration form/Proposal/Quotation/Order Request and/or on the Website are in MYR, with 8% SST and delivery and were accurate at the time of publication. We reserve the right to change prices before an order is placed and you will be notified of any amended price prior to purchase.

g) Training will not be delivered until payment is received by Magcolm Solutions Sdn Bhd for the training and for any other training for which payment is due.

h) Magcolm will charge for expenses incurred during travel for training purposes beyond a 40 KM radius from the Magcolm office. This includes transportation, accommodation, meals and other necessary costs associated with delivering the training.

3.4    Cancellation & Refund (Application for All Training and e-Learning Course)

a) Cancellation by Client/Participants:

i) If the Client wishes to cancel after payment, Magcolm Solutions Sdn Bhd is entitled to deduct the payments outlined in the table below. No deductions will be made if a substitute is identified.

ii) Refund and cancellation notice table:

*Cancellation fees are charged due to administration cost

iii) Refunds for cancellation/postponement apply only when the total payment exceeds RM 600.00.

iv) No refunds will be issued for cancellations of training costing less than RM 600.00.

v) No refunds will be issued for cancellations of Food Handler Training; however, replacements are allowed at no extra cost before the commencement of training.

vi) Refunds will not be provided for cancellations of e-learning courses; however, participants may receive a non-transferable non-monetary credit for future courses in place of the original registrant, as course materials may be accessed once the account is created.

b) Cancellation or Program Changes by Magcolm Solutions Sdn Bhd:

i) All training will commence on the date specified by Magcolm Solutions Sdn Bhd in the online Registration Form unless otherwise agreed in writing. Magcolm Solutions Sdn Bhd reserves the right to change the date, time, venue and Trainer(s) due to unavoidable circumstances.

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 Solutions Sdn Bhd will make reasonable efforts to notify of any cancellations or necessary alterations to the program.

3.5    Certificates, Digital Downloads, Training Materials and Pax Requirements

a) Magcolm Solutions Sdn Bhd will prepare electronic Certificates of Attendance for participants with at least 75% of attendance of the total modules/training. 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) Certificates will be sent via courier to one (1) location per company, with additional handling charges of RM 11.00 (inclusive of 8% ST) per location. This applies only to Food Handler Training.

c) 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) For training courses (both physical and online), Magcolm Solutions Sdn Bhd 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.

e) The training class size is limited as specified in the online Registration Form and/or Proposal/Quotation/Order Request to ensure effective interaction and compliance with MOH/HRD Corp requirements.

f) Upon successful registration of online courses or e-learning, you are granted access to access electronic content, which may include training notes, e-books, videos or software (collectively referred to as “Digital Downloads”). These Digital Downloads are provided for your immediate access and use for personal or professional development. All rights to the content remain with MAGCOLM SOLUTIONS SDN BHD and unauthorized distribution or reproduction of these materials is prohibited.

g) Content in our Digital Downloads does not constitute professional advice and should not be relied upon for decision-making.

3.6    Schedule of Training and Time Scale

a) All training sessions provided by Magcolm Solutions Sdn Bhd’s Trainers will be arranged from Monday to Friday, based on a four (4) or seven (7) hour working day (excluding travel time, weekends and public/state holidays).

b) 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.

3.7    Training Delivery (Language, Medium and Facilities)

a) Language: Training will be conducted in Bahasa Malaysia or English. Mandarin will be available upon request.

b) Physical Training Facilities: For in-person training, the Client must provide the following:

• Whiteboard/Flip Chart
• A quiet, enclosed, conducive environment for training
• Good lighting

c) Remote Online Training Facilities: For online training, the Client must ensure:

• Stationery (A4 papers, marker pens, etc.)
• Sufficient devices with webcam/video capabilities (smartphone, laptop or PC)
• Stable online connectivity with adequate bandwidth/data
• A quiet, enclosed, conducive environment for training
• Good lighting

4.0    USE OF COOKIES

4.1    Training Terms

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.

4.3    Links to Third-Party Websites

Third-Party Links
The Website may contain links to third-party websites. MAGCOLM is not responsible for the data collection and privacy practices of these sites. If you provide information to these sites, their privacy policies apply.

5.0    ACCESS & CORRECTION REQUESTS AND INQUIRIES

5.1    Your 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:

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   Refusal of Requests

In respect of your right to access and/or correct your Personal Data, MAGCOLM has the right to refuse your request to access and/or make any correction to your Personal Data for the reasons permitted under law, such as where expense of providing access to you is disproportionate to the risks to your privacy. MAGCOLM also reserves the right to impose a fee for access of your Personal Data in the amounts as permitted under law.

5.3    Third-Party Personal Data

If you provide Personal Data of others (e.g., your spouse, family members or friends), you confirm that you have obtained their consent for MAGCOLM to process their data.

6.0    ACKNOWLEDGEMENT AND CONSENT

6.1    Policy Modifications

MAGCOLM shall have the right to modify, update or amend the terms of this Privacy Policy at any time by updating it on the Website. By continuing to communicate with MAGCOLM or by your continuing relationship with MAGCOLM following the modifications, updates or amendments to this Notice, such actions shall signify your acceptance of such modifications, updates or amendments.

6.2    Language Conflict

In case of any conflict between the English version and translations, the English version shall prevail.

7.0    DISCLAIMER

The information contained on this Website is for general information purposes only. It is provided by Magcolm Solutions Sdn Bhd and while we strive to keep the information up-to-date and accurate, we make no representations or warranties of any kind, either express or implied, regarding the completeness, accuracy, reliability, suitability or availability of this Website or the information, products, services or related graphics contained herein for any purpose. Any reliance you place on such information is strictly at your own risk.

In no event shall we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits arising out of or in connection with the use of this Website.

Through this Website, you may link to other websites that are not under the control of Magcolm Solutions Sdn Bhd. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them. Links to third-party websites are provided solely for your convenience. If you decide to access any of these third-party websites, you do so entirely at your own risk.

Unless stated otherwise, Magcolm Solutions Sdn Bhd is the owner or licensee of all intellectual property rights in this Website, including all materials published on it. All such rights are reserved. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this Website without our explicit consent.

We are committed to protecting your personal data in compliance with the Personal Data Protection Act (PDPA). Please refer to our Privacy Policy for information on how we collect, use and protect your personal data.

Every effort is made to keep this Website running smoothly. However, Magcolm Solutions Sdn Bhd takes no responsibility and will not be liable for this Website being temporarily unavailable due to technical issues beyond our control.

End

Last updated: 04 June 2025