Terms and Conditions

Terms and Conditions





INTRODUCTION

Thank you for visiting our Website. This Website is owned by MAGCOLM SOLUTIONS SDN BHD whose principal business address at 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur.

Your use of our Website and services are subject to the following terms and, by using our Website and services in any way, you agree to be legally bound by these terms, Personal Data Protection Act and any other legal notices or conditions or guidelines from MAGCOLM SOLUTIONS SDN BHD. This Terms and Conditions Agreement (the “Agreement”) is an agreement between you (the “Client”, “You” or “Your”) and MAGCOLM SOLUTIONS SDN BHD (“MAGCOLM”, “MAGCOLM SOLUTIONS SDN BHD, “we” or “us”). This Agreement explains our obligations to you, and your obligations to us where the entire Agreement is between us.

Client shall read these terms and conditions carefully before engaging our services or using our Website as they contain important information. We may revise these terms from time to time. Hence, please read these legal statements from time to time to review them as you are legally bound by them. We tried to state our terms and conditions as clearly as possible, however, if you have any further clarification about these terms and conditions, please do not hesitate to contact the sales department.

List of Content
1.0 GENERAL TERMS
1.1 Terms
1.2 About Us
1.3 Copyright
1.4 Governing Law
1.5 Force Majeure

2.0 ADVISORY PROJECT SPECIFIC TERMS
2.1 Consultant(s) Working Hours
2.2 Postponement and/or Cancellation of On-Site Visit(s)
2.3 On-Site Project Delivery Duration
2.4 Fees & Invoices
2.5 Advisory Project Delivery (Medium, Facilities, etc.)
2.6 Confidentiality
2.7 No Inducement
2.8 Termination
2.9 Miscellaneous
2.10 Completion of Services
2.11 Waiver
2.12 Notice
2.13 Representation and Warranties
2.14 Severability
2.15 Binding Proposal/ Quotation/ Order Request

3.0 TRAINING SPECIFIC TERMS
3.1 Training Terms
3.2 Order Process and Acceptance
3.3 Fees and Invoices
3.4 Cancellation
3.5 Certificates, Digital Downloads, Training Materials and Pax Requirements
3.6 Schedule of Training and Time Scale
3.7 Training Delivery (Language, Medium and Facilities)

4.0 PERSONAL DATA PROTECTION POLICY ('PRIVACY POLICY')

5.0 DISCLAIMER

Definitions
In these Conditions, the following definitions apply:
Billing Instruction means the Billing Instruction stated in Registration Form and/or Proposal/ Quotation/ Order Request
Consultant(s) is referring to MAGCOLM’s assigned Consultant(s) who carry out the advisory project;
Digital Downloads means training materials (including but not limited to books, handout, factsheet presentations and videos) available for use during training and/or advisory project or purchase and download from MAGCOLM;
Proposal/ Quotation/ Order Request means, if applicable, the Proposal/ Quotation/ Order Request entered into between you and MAGCOLM setting out: (a) the various policies you agree to adhere to as part of the Proposal/ Quotation/ Order Request; (b) the rights and obligations of MAGCOLM; and (c) your rights and obligations;
Registration Form means form for registration in any form for Client to register for MAGCOLM’s products and/or services;
Products means the products purchased by you in accordance with the Proposal / Quotation / Order Request;
Services means the Services purchased by you in accordance with the Proposal/ Quotation/ Order Request;
Terms means these terms and conditions as amended from time to time together with any special terms agreed in writing between you and MAGCOLM;
Trainer(s) is referring to Trainer(s) assigned by MAGCOLM who carry out training in any Training sessions either In-House Training, Public Training, Certification Programmes, Online Training and/or any other form of Training by MAGCOLM; and
Website means the MAGCOLM Website at https://www.magcolm.my.

1.0 GENERAL TERMS

1.1 Terms
These terms apply to all Magcolm Solutions Sdn Bhd’s sales of Services to you and any variation to these Terms and any representations about the Services shall have no effect unless expressly agreed in writing and signed by the Director of Magcolm Solutions Sdn Bhd.

1.2 About Us
Magcolm Solutions Sdn Bhd Registration No: 201301042053 (1071878-U) can be contacted directly by any of the means below:
Address: 3-1-6, Kompleks Kantonmen Prima, Batu 4 ½, Jalan Ipoh, 51200 Kuala Lumpur.
Telephone: 012-2992738 (Sales)
Email: learning@magcolm.my

1.3 Copyright
a) You acknowledge and agree that Magcolm Solutions Sdn Bhd own all intellectual property rights in the Products. Except as expressly stated herein, the Proposal/ Quotation/ Order Request does not grant you any rights to, or in, patents, copyright, database right, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Products.
b) No part of any publication, training materials, , video production or any of Magcolm Solutions Sdn Bhd’s works may be reproduced by you unless Magcolm Solutions Sdn Bhd grant you the rights for use. These works may not be stored in a retrieval system, or transmitted in any form or by any means electronic, photocopying, recording or otherwise without prior written consent from Magcolm..
c) If the Services you purchased from us include a Digital Download, you shall be entitled to download and use such Digital Downloads from the Website / email without a license from us. All intellectual property rights in such Digital Downloads, as between you and us, shall be owned by us both before and after purchase by you of the Digital Download unless such Digital Download specified the owner of the rights
d) All the relevant advisory project and/or publication, training materials, , video production or any of Magcolm’s works herein shall be kept confidential by the Client and the Client shall not use any relevant materials between Magcolm Solutions Sdn Bhd and the Client without prior written consent and/or approval from the Director of Magcolm Solutions Sdn Bhd.
e) No video and/or voice recording of the said advisory project/ training sessions are allowed unless otherwise agreed upon or is used by the Consultant(s) or Trainer(s) for advisory project/ training purpose.

1.4 Governing Law
These, terms and conditions are governed by and shall be construed and interpreted in accordance with the laws in Malaysia and parties agree to submit to the exclusive jurisdiction of Malaysian courts.

1.5 Force Majeure
Magcolm reserves the right to defer the date of delivery 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
Visits of project/ Training delivered by Consultant(s) shall be arranged from Monday to Friday based on the working week of (5) five days and (7) seven hours per day (excluding travelling period, Weekend and/or public/state holidays). In the event that Consultant(s) is required to work outside of normal working hours (i.e. 9 am to 5 pm) or visits performed after 5 pm, or Consultant(s) is required to work during the weekend (Saturday or Sunday) and/or public/state holidays, then an additional surcharge of RM636.00 (inclusive of 6% ST) shall be imposed per day for such visit(s). Magcolm Solutions Sdn Bhd shall provide and complete consultancy services according to the Scope of Services as stated within the Proposal/ Quotation/ Order Request with full commitment from the Client.

2.2 Postponement and/or Cancellation of On-Site Visit(s)
Visits and/or appointment(s) shall be arranged and agreed between Magcolm Solutions Sdn Bhd and the Client in writing with regard to the nature & location of the project and the prior commitments of both parties. In the event the Client wishes to revise and/or cancel an agreed and confirmed visit and/or appointment(s), written notice of at least 7 working days shall be given to Magcolm Solutions Sdn Bhd to facilitate re-arrangement of visits and/or appointment(s). Any postponement and/or cancellation without written notice or notice is received less than 3 working days by Magcolm Solutions Sdn Bhd, the Client shall pay a postponement charge amounting to RM636.00 (inclusive of 6% ST). Further, any pre-arranged travelling charges that had been incurred by Magcolm Solutions Sdn Bhd before such cancellation shall also be paid in full by the Client.

2.3 On-Site Project Delivery Duration
a) Magcolm Solutions Sdn Bhd shall provide consultancy services to the client based on an agreed project delivery duration between the parties mentioned in the Proposal/ Quotation/ Order Request. The Client shall be fully committed to complete the certification process before the Proposal/ Quotation/ Order Request expires failing which, the balance contract sum shall be chargeable to the client with an annual increment of 15% as compensation paid to Magcolm Solutions Sdn Bhd. The said Proposal/ Quotation/ Order Request can be extended subject to a mutually agreed extension period between both parties upon a written request made by the client for such an extension supported with cogent reason(s) and the same had been accepted by Magcolm Solutions Sdn Bhd. However, if the same is rejected by Magcolm Solutions Sdn Bhd and the Proposal/ Quotation/ Order Request duration had expired, then the client must enter into a new Proposal/ Quotation/ Order Request with Magcolm Solutions Sdn Bhd.
b) In the event of any bona fide dispute or differences arises between the parties in connection with the Proposal/ Quotation/ Order Request (inclusive but not limited to any dispute relating to non-payment of the Charges, for whatever reason), any party shall attempt to resolve such dispute or differences by way of an internal mediation and/or discussion. It is the responsibility of the Client to inform Magcolm Solutions Sdn Bhd immediately in writing of any issue that may lead to a dispute (including but not limited to service, cost and deadline).

2.4 Fees & Invoices
a) The fees quoted herein are for the cost of travelling, accommodation or other expenses incurred during the Project and/or Training delivery within Selangor and Kuala Lumpur only. Any other expenses such as mileage, petrol, toll, parking, flight tickets, visa application, accommodation and others will be charged separately or otherwise mentioned in the Proposal/ Quotation/ Order Request.
b) Payment of the invoice(s) shall be due and payable by the Client within seven (7) days from the date of the said Billing Instruction. After the due date, an interest of 1.5% per month shall be charged on the outstanding balance amount as per the said Billing Instruction.
c) All payment payable to Magcolm Solutions Sdn Bhd shall be made via online transfer before commencement of Services.
d) The above fees do not include cost or fees of assessment or audit by Certification Body or other fees/costs in maintaining the management system.
e) In the event there is a need for the Consultant(s) to provide additional Training and/or consultancy services other than those specified in the Proposal/ Quotation/ Order Request, then the additional Training and/or consultancy services conducted and/or provided would be charged separately.
f) Project quoted under lump-sum package: The fees quoted are based on the fixed man-days to be performed by the Consultant(s) from Magcolm Solutions Sdn Bhd on the project at agreed rates. In the event the actual consultancy sessions exceeded the number of man-days, then no additional charges will be imposed on the Client. However, if the said Project is completed less than the proposed number of man-days then the unutilized consultancy sessions will not be refundable.
g) Project quoted under man-days package: The fees quoted are based on the fixed man-days to be performed by the Consultant(s) from Magcolm Solutions Sdn Bhd on the project at agreed rates. In the event the actual consultancy sessions exceeded the number of man-days, additional charges will be imposed on the Client. Visits shall be planned and agreed by both parties prior to commencement of the appointment with allocated details of agenda for such visits planned. Any additional visits incurred shall be informed and justified in written to the client and/or by the client if such needs arise. Upon justification is made and agreed by both parties, additional visits will be charged and full payment shall be made by the client prior to commencement of the visits.
h) Effective from 1st April 2018, Magcolm Solutions Sdn Bhd is adopting paperless billing practice to add convenience and flexibility for our Client. Hence all Billing Instruction will be sent out via email/in digital copy only, no printed copy will be provided..

2.5 Advisory Project Delivery (Medium, Facilities, etc.)
a) The advisory session shall be conducted in Bahasa Malaysia or English.
b) Advisory session to be conducted at the Client’s premises/online sessions. The Client is required to provide and make available the necessary facilities as follows: -
• White Board/ Flip Chart
• Stationery (A4 papers, marker pens, etc.)
• Writing materials (2 reams)
• Photocopy services
• Quiet/enclosed/conducive ambience for discussion
c) Advisory session to be conducted via online application. The Client is required to provide and make available the necessary facilities for the participants as follows: -
• Sufficient devices with webcam/video features such as smartphone, laptop or PC
• Stable online connectivity and sufficient bandwidth/data
• Physical distancing of 2 meters if more than 1 person in a room/area or if social distancing not able to carry out as per stated, face mask wearing policy is applied. Latest rules set by MOH shall be applied.
• Quiet/enclosed/conducive ambience for discussion
• Good lighting

2.6 Confidentiality
The information contained in the Proposal/ Quotation/ Order Request is intended only for the use of the individual or entity named above and may contain information that is confidential, legally privileged, and exempt from disclosure under applicable law. Unauthorized dissemination, distribution, copying or reliance is prohibited and may attract criminal penalties.

2.7 No Inducement
Either party shall not at any time during the Engagement between parties, make any attempt to induce any person of either party during the continuance of the Proposal/ Quotation/ Order Request.

2.8 Termination
Either party can terminate the Proposal/ Quotation/ Order Request for cause upon written notice not less than seven (7) working days:-

a) If there is a substantial breach to the terms and conditions herein by either party and despite giving due notice the same as mentioned above was not rectified and/or cured within seven (7) working days thereof;
b) Either party goes into voluntary liquidation otherwise than for the purpose of reconstruction or amalgamation; or
c) In the event either party becomes insolvent or seeks protection, voluntarily or involuntarily, through bankruptcy, or ceases conducting business, the other party shall have immediate right to terminate the Proposal/ Quotation/ Order Request; or
d) By Magcolm Solutions Sdn Bhd if:
(i)Payments referred to in Fees or any part thereof remained unpaid for a period of seven (7) days after the same become due;
(ii) Project delivery duration has exceeded as stated herein clause 2.3.
(iii) Scope of Proposal/ Quotation/ Order Request has been altered by Client and no longer conforms to the Proposal/ Quotation/ Order Request stipulated herein.
e) By Client if:
(i) Duty and responsibilities by Magcolm Solutions Sdn Bhd/ Consultant(s)/ Trainer(s) are not fulfilled as per stated in Clause 2.13.

In the event of termination arising from the occurrence of any stipulated in Clause 2.8 herein by either party, all outstanding charges or fees for consultancy services that are already provided or delivered and 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 by an agreement in writing signed by Magcolm Solutions Sdn Bhd and the Client.

2.10 Completion of Services
The consultancy services shall be deemed completed upon completion of Services as per stated 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 correspondences shall be in writing and shall be deemed to have been sufficiently served or given for all purposes herein on the respective parties hereto if left by hand or sent by email or prepaid registered post to the party to whom it is addressed at their respective addresses stated herein or to their last known address or to their respective solicitors or agents duly authorised and shall in the case of a notice or request by email or prepaid registered post be deemed to have been served when it ought in the ordinary course of transmission or post to have been received.

2.13 Representation and Warranties
The Client represents and warrants to Magcolm Solutions Sdn Bhd as follows:
(a) It has all requisite power and authority to execute and deliver the Proposal/ Quotation/ Order Request and has obtained all power and authority to perform and carry out its business as set out herein;
(b) The execution and delivery of the Proposal/ Quotation/ Order Request constitute a legal and binding obligation of Client and is enforceable in accordance with its terms;
(c) The performance by Client of all its obligations hereunder will be conducted in compliance with all applicable laws; and
(d) Client has not been wound up nor threatened by any pending winding-up proceedings.

Magcolm Solutions Sdn Bhd represents and warrants to Client as follows:
(a) Magcolm Solutions Sdn Bhd is committed to provide Services to Client as per stipulated in the Proposal/ Quotation/ Order Request, and be transparent to Client with any Services and ensure Services performed on a timely basis with management support and commitment by Client as per stated;
(b) Magcolm Solutions Sdn Bhd has all requisite power and authority to execute and deliver the Proposal/ Quotation/ Order Request and has obtained all power and authority to perform and carry out its business as set out herein;
(c) The execution and delivery of the Proposal/ Quotation/ Order Request constitute a legal and binding obligation of Magcolm Solutions Sdn Bhd and is 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 has not been wound up nor 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, such provision shall be deemed severed and 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 representative, successors in title and permitted assigns of the parties hereto.

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 (training to be organized by Client and it is customized for the staff from the Client), either via online application, physical or blended of both methods.
b) Public Training (training to be organized by Magcolm Solutions Sdn Bhd and it is open for public registration) included, training program, webinar, etc. either via online application, physical or blended of both methods
c) Certification Training (certification course approved by Ministry of Health and/or international certification bodies, including food handler training and qualification program offered under food safety academy)

3.2 Order Process and Acceptance
a) Any online Registration Form and/or Proposal/ Quotation/ Order Request furnished by the Client and accepted by Magcolm Solutions Sdn Bhd via email shall be deemed accepted upon clearance of payment in full by the Client as per the Billing Instruction or final amount stated in Registration Form and/or Proposal/ Quotation/ Order Request. Training registration is considered not to be confirmed until clearance of payment has been made.
b) Our Personal Data Protection Policy (the 'Privacy Policy') sets out the terms on which we process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
c) Each order or acceptance of a Registration Form and/or Proposal/ Quotation/ Order Request for Training by you from Magcolm Solutions Sdn Bhd shall be deemed to be an offer by you to enroll Training subject to these conditions.

3.3 Fees and Invoices
a) All payments must be received fourteen (14) days prior to the commencement of the Training. Magcolm Solutions Sdn Bhd reserve the rights to cancel or postpone the Client’s enrolment for the Training in the event it has no payment from the Client within the period as stated above.
b) In the event where the Client had registered for the Training in a shorter period of fourteen (14) days prior to the commencement of the Training, then payment shall be made immediately upon confirmation of Training. No fees and/or payments are refundable upon the confirmation of the Training except for the situations stipulated at clause 3.4 (a) (ii).
c) Effective from 1st April 2018, Magcolm Solutions Sdn Bhd is adopting paperless billing practice to add convenience and flexibility for our Client. Hence all invoices will be sent out via email/ in digital copy only, no printed copy will be provided.
d) All prices in our registration form/ Proposal/ Quotation/ Order Request and/or on the Website are in MYR, inclusive 6% ST and delivery and were correct when published. We reserve the right to change the advertised price before an order is placed. You shall be notified of such amended price prior to purchasing the Training.
e) Training shall not deliver to you until the earlier of:
Magcolm Solutions Sdn Bhd receives payment:
• for the Training; and
• for any other Training that Magcolm Solutions Sdn Bhd has supplied to you in respect of which payment has become due, in which case title to the Training shall pass at the time of payment of full settlement of payment or partial payment as indicated in registration form/ Proposal/ Quotation/ Order Request.

3.4 Cancellation
a) Cancellation by Client/Participants
i) In the event the Client wishes to cancel the Training after payments are made then Magcolm Solutions Sdn Bhd are entitled to deduct the following payments as mentioned in the table below. However, no payments will be deducted if a substitute is identified.
ii) Tables of refund and days’ notice of cancellation

iii) The refund on cancellation/ postponement only applicable when the sum of payment more than RM 300.00 (inclusive of 6% ST).
iv) No refund shall be issued on cancellation/ postponement of Training cost less than RM 300.00 (inclusive of 6% ST).
b) Cancellation or Program Changes by Magcolm Solutions Sdn Bhd
i) Unless otherwise specified or agreed in writing by Magcolm Solutions Sdn Bhd, all the Training shall commence on the date specified by Magcolm Solutions Sdn Bhd as per the Registration Form and/or training schedule. Magcolm Solutions Sdn Bhd reserves the right to change the date, time, venue and Trainer(s) due to unavoidable circumstances.
ii) If the course cannot be rescheduled or if Client is unable to attend the new rescheduled Training date which Magcolm Solutions Sdn Bhd or cancelled by Magcolm Solutions Sdn Bhd, then Client will be entitled to a full refund of any fee paid in respect of the cancelled Training but shall not otherwise be entitled to any compensation, costs, travel expenses, losses or damages arising from such cancellation.
iii) Magcolm Solutions Sdn Bhd will use reasonable efforts to give notice of any cancellation of any course or any necessary alteration in the program, as the case may be.

3.5 Certificates, Digital Downloads, Training Materials and Pax Requirements
a) Magcolm Solutions Sdn Bhd will prepare the Certificate of Attendance for participants with full attendance only. The Client shall be responsible for the accuracy of participants’ names and information provided. The Client shall be responsible for the accuracy of participants’ names and information provided and the Client shall revert with all the participants’ details (name and identification number).
b) All certificates will be arranged via courier at no additional cost (limit to one (1) location per company). Additional handling charges of RM 21.20 (inclusive of 6% ST) per location will be imposed for courier of certificates to multiple locations as instructed by client.
c) In the event the Client had furnished wrong information of the participants' names or the Client had failed to revert with the relevant changes in the participants' names and others within the stipulated period, then a penalty charge of RM 21.20 (inclusive of 6% ST) per name shall be imposed on the Client on the re-issuance of every new Certificate.
d) In relation to Training courses (applicable for both physical training and online remote training), Magcolm Solutions Sdn Bhd shall provide one (1) copy of handout in pdf format or Digital Downloads via email to the Client and the Client shall be responsible to duplicate and/or disseminate copies of the handouts required and thereafter furnish sufficient copies of the same to their respective participants for reference during course delivery.
e) The Training class size is limited as per stated in respective Registration Form and/or Proposal/ Quotation/ Order Request to ensure effective interaction between the tutor and the delegates and meeting latest requirement on number of pax requirement by MOH / HRDF.
f) The content of our Digital Downloads do not constitute advice and should not be relied upon by you when making or refraining from making any decision.

3.6 Schedule of Training and Time Scale
a) All training provided by Magcolm Solutions Sdn Bhd’s Trainer(s) shall be arranged from Monday to Friday based on the working week of five (5) and seven (7) hours per day (excluding travelling period, weekend and public/state holidays).
b) In the event Magcolm Solutions Sdn Bhd's Trainer(s) is required to work outside of the normal working hours (i.e. 9 am to 5 pm), or where the Trainer(s) is required to work during the weekend (Saturday or Sunday) or public/state holidays, then such training arrangement shall be reviewed on a case to case basis.
c) In the event a food handler training/in-house training is fixed and held during the weekend (Saturday or Sunday) and/or public/state holidays, then an additional surcharge of RM636.00 (inclusive of 6% ST) shall be imposed per day for such training(s).
d) In the event Magcolm Solutions Sdn Bhd receives a written notice for change in the Training date less than seven (7) working days or does not receive any written notice from the Client then the Client shall pay postponement charges of RM636.00 (inclusive of 6% ST).

3.7 Training Delivery (Language, Medium and Facilities)
a) Language
The Training shall be conducted in Bahasa Malaysia or English. Mandarin will be used only upon request by participants.
b)Training to be conducted at the Client’s premises (applicable for physical training). The Client is required to provide and make available the necessary training facilities as follows: -
• White Board/Flip Chart
• Stationery (A4 papers, marker pens, etc.)
• Writing materials (2 reams)
• Photocopy services
• Quiet/enclosed/conducive ambience for training
• Good lighting
c)Training to be conducted via remote online training. The Client is required to provide and make available the necessary training facilities for the participants as follows: -
• Stationery (A4 papers, marker pens, etc.)
• Sufficient devices with webcam/video features such as smartphone, laptop or PC
• Stable online connectivity and sufficient bandwidth/data
• Social distancing of 2 meters if more than 1 person in a room/area or if social distancing not able to carry out as per stated, face mask-wearing policy is applied
• Quiet/enclosed/conducive ambience for training
• Good lighting
d) In the event where the abovementioned facilities are lacking, please notify us. Magcolm Solutions Sdn Bhd reserves the rights to refuse to deliver the food handler training if the training environment does not meet the requirement as mentioned in paragraph 3.7 (b) and (c) above.

4.0 PERSONAL DATA PROTECTION POLICY ('PRIVACY POLICY')

This Personal Data Protection Policy ("Privacy Policy") describes how Magcolm Solutions Sdn Bhd ("MAGCOLM") Registration No: 201301042053 (1071878-U) uses your Personal Data

Collection of Personal Data

1) “Personal Data” means information about you processed by MAGCOLM, including without limitation your name, age, gender, nationality, identity card/passport number, your contact details, your image or photograph, your academic and professional credentials, your employer details, and all such other information which may identify you that has been or may be collected, stored, used and processed by MAGCOLM from time to time and also includes sensitive personal data (as identified below).

2) In addition to the Personal Data which is provided by your company, MAGCOLM may collect your Personal Data from a variety of sources such as:-
a) Directly from you when you have been engaged by MAGCOLM to provide training services and/or advisory project;
b) When you register for marketing events, seminars, workshops, training courses and/or certification courses with MAGCOLM either through MAGCOLM directly or through your employer;
c) When you access or use MAGCOLM’ website (the “Website”);
d) When you provide your Personal Data when completing certain forms and documents such as registration forms, feedback forms, complaint forms etc.;
e) When you communicate or interact with MAGCOLM through social media platforms or social networking sites; and
f) From third party referrals and agencies;

3) Your Personal Data may also be collected and processed by MAGCOLM in the form of photo capturing or video recording, for the purpose of publications, webcast relay, surveillance of premises or for MAGCOLM’ records, as deemed relevant.

4) The provision of your Personal Data is mandatory. If you do not provide MAGCOLM your Personal Data, MAGCOLM would not be able to provide products and services to you or engage you to provide services or products to or on behalf of MAGCOLM.

Purposes of Processing

1) MAGCOLM may use and process your Personal Data for the purposes relating to its business and activities which shall include (the “Purposes”):-
a. to engage you to provide services and/or products to MAGCOLM or on behalf of MAGCOLM;
b. to process your registrations for marketing events, forums, conferences, seminars, workshops, training courses and/or certification courses (advisory project);
c. to relay your registration details to relevant partners of MAGCOLM for certification purpose;
d. to help MAGCOLM develop its business, activities, products and services;
e. to invite you to events and functions organised by MAGCOLM;
f. to communicate with you for any of the purposes listed in this Notice;
g. for internal administrative purposes, such as auditing, data analysis, and to improve MAGCOLM’ services;
h. to process any complaints or feedback you have provided;
i. for purposes of detection, prevention and prosecution of crime;
j. for MAGCOLM to comply with its obligations under law;

2) You agree and consent to MAGCOLM using and processing your Personal Data for the Purposes and in the manner as identified in this Notice.

3) MAGCOLM may also use and process your data for other purposes (“Additional Purposes”) such as:-
a. to take your photograph or picture at events/functions/training/ advisory sessions organised by MAGCOLM for non-profit making reasons including MAGCOLM’ newsletter, annual report, the Website, and social media platforms/social networking sites; and
b. to provide, market and/or promote to you products and services that are or may be offered by MAGCOLM and/or its partners.

4) MAGCOLM may contact you for the Purposes and Additional Purposes either by way of telephone calls, emails, short messaging service, post, facsimile, social media or any other form of communication available.

Transfer of Personal Data

1) Your Personal Data may be transferred to, stored, used and processed in a jurisdiction other than Malaysia for the Purposes and/or where MAGCOLM’ servers are located outside of Malaysia. You understand and consent to the transfer of your Personal Data out of Malaysia as described herein.

Disclosure to Third Parties

For the Purposes and Additional Purposes, MAGCOLM may share your Personal Data with:
a. MAGCOLM’ members, learners and clients for purposes of promoting the services and products you provide or supply;
b. MAGCOLM’ third party service providers for the purposes of carrying out their services;
c. MAGCOLM’ partners, such as other certification bodies; if any
d. MAGCOLM’ professional advisors and external advisors and/or auditors;
e. MAGCOLM’ committees, tribunals and personnel/staff;
f. any agent acting on behalf of MAGCOLM;
g. statutory and regulatory authorities in order to comply with statutory and government requirements.

Use of Cookies

1) 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.

2) 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.

Links to Third-Party Websites

1) The Website may contain links to third party websites. Please note that MAGCOLM is not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information directly to such sites, the privacy policy and terms of service on those sites are applicable and MAGCOLM is not responsible for the information processing practices or privacy policies of such sites.

Access & Correction Requests and Inquiries

1) Subject to any exceptions under applicable laws, you may request access or correction to your Personal Data held by MAGCOLM, submit your queries or complaints about the processing of your Personal Data, limit the processing of your Personal Data for the Additional Purposes and/or withdraw your consent for the Additional Purposes 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: learning@magcolm.my

2) 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.
3) In some circumstances you may have provided personal data relating to other individuals (such as your spouse, family members or friends) and in such circumstances you represent and warrant that you are authorised to provide their personal data to MAGCOLM and you have obtained their consent for their personal data to be processed and used in the manner as set forth in this Notice.

Acknowledgement and Consent

1) MAGCOLM shall have the right to modify, update or amend the terms of this Notice at any time by notifying you or by placing the updated Notice 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.

2) In the event of any conflict between the version in English and other language versions, the English version shall prevail.

5.0 Disclaimer

The information contained in this Website is for general information purposes only. The information is provided by Magcolm Solutions Sdn Bhd and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to this Website or the information, products, services or related graphics contained on this Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will 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 are able to link to other Websites which 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 endorse the views expressed within them. The links to third-party Websites on our Website are provided solely for your convenience. If you decide to access any of the third-party Websites linked to our Website, you do so entirely at your own risk.

Unless stated otherwise, Magcolm Solutions Sdn Bhd is the owner or the licensee of all intellectual property rights in our Website including every material published on it. All such rights are reserved. You expressly agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of this Website.

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

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