VCOE e-Learning — Terms & Rules (Malaysia)
Last updated: [insert date]
Who we are: “VCOE e-Learning” (the “Platform”) enables organizations and
subject-matter experts (“Instructors”) to publish courses and learners
(“Students”) to enroll and learn. We operate a digital marketplace and hosted
learning environment aligned to Malaysian law and good-governance practices
encouraged by the Ministry of Investment, Trade and Industry (MITI).
By accessing or using our websites, mobile/TV apps, APIs,
and related services (collectively, the “Services”), you agree to these Terms
and our Privacy Policy.
1) Acceptance & Scope
1.1 These Terms apply to all use of the Services, including
purchasing, accessing, or publishing content.
1.2 If you use the Services on behalf of an organization, you represent you
have authority to bind that organization.
1.3 Additional policies (e.g., Instructor Terms, Business Terms, Acceptable
Use) may apply and are incorporated by reference.
2) Malaysian Law Compliance (MITI-Aligned)
2.1 You must comply with applicable Malaysian laws and
regulations, including (non-exhaustive):
- Personal
Data Protection Act 2010 (PDPA) - Communications
and Multimedia Act 1998 (and relevant content codes) - Electronic
Commerce Act 2006 and Consumer Protection (Electronic Trade
Transactions) Regulations 2012 - Strategic
Trade Act 2010 (STA) and subsidiary legislation on export controls for
strategic and dual-use items/technology, as administered by/under MITI - Trade
Descriptions Act 2011, contract and copyright laws, and other relevant
statutes
2.2 If your course, software, datasets, or training materials involve strategic/dual-use
technology, cryptography, advanced manufacturing, or sensitive know-how,
you must ensure compliance with STA (including classification,
licenses, and end-use/end-user diligence). We may restrict access by
territory or user where legally required.
2.3 You must not enroll users from sanctioned countries/entities if
prohibited by Malaysian law or applicable international sanctions
recognized in Malaysia. We may run compliance checks and request
documentation.
3) Accounts & Security
3.1 An account is required to purchase, access, or publish
content. Provide accurate and up-to-date information (including a valid email).
3.2 You are responsible for all activity under your account. Keep credentials
confidential; do not share or transfer your account.
3.3 In the event of a user’s death, the account may be closed upon receipt of
appropriate documentation.
3.4 We may suspend or revoke access for security, legal, or policy reasons.
4) Marketplace Roles
4.1 Instructors are independent content providers. Students
are end-users of the content. The Platform hosts, processes payments (where
applicable), and provides discovery and delivery tools.
4.2 Unless we expressly state otherwise, we are not a party to the contract
between Instructor and Student beyond providing platform services.
5) Purchases, Pricing, and Taxes
5.1 Prices are displayed in the specified currency (e.g.,
MYR). SST and other applicable taxes will be shown or added as required.
5.2 Payments are processed via approved payment providers. You authorize us to
process payments and issue e-receipts/invoices.
5.3 Instructors are responsible for taxes related to their earnings. We may
withhold amounts required by law.
6) Access License & Usage Restrictions
6.1 When you purchase a course, you receive a limited,
non-exclusive, non-transferable license to access it for personal learning,
subject to these Terms.
6.2 You may not: share login credentials, resell, publicly perform, broadcast,
scrape, record, reproduce beyond permitted download features, reverse engineer,
or circumvent access controls.
6.3 We may geo-restrict or revoke access to comply with STA or other
legal requirements, or to protect integrity/security.
7) Content Standards & Acceptable Use
7.1 Prohibited content/activities include: illegal content;
hate, harassment, or incitement to violence; explicit sexual content involving
minors; doxxing; malware or security bypass; deceptive or fraudulent claims;
and any export-controlled material published without required approvals.
7.2 Health, finance, legal, safety-critical, or technical training must include
accurate disclaimers and be factually supported.
7.3 We may review, moderate, remove, or restrict content that breaches these
standards or the law.
8) Intellectual Property
8.1 All content on the Platform is protected by copyright
and other IP rights.
8.2 Instructors represent and warrant they own the rights to publish their
content and grant Students the license described in Section 6.
8.3 Our trademarks, logos, and brand assets may not be used without written
permission.
8.4 We operate a reasonable IP takedown process for alleged
infringement.
9) Privacy & Data Protection (PDPA 2010)
9.1 Our Privacy Policy explains what personal data we
collect, how we use it, and your PDPA rights (access/correction, etc.).
9.2 We process data to deliver the Services, ensure security/compliance
(including STA screening), prevent fraud, and improve quality.
9.3 For Business/enterprise customers, we may enter into additional data
processing or confidentiality terms as required.
10) Reviews & Feedback
10.1 Reviews must be fair, relevant, non-defamatory, and
free of conflicts of interest.
10.2 We may moderate or remove reviews that violate these Terms or applicable
law.
11) VCOE for Business (Enterprise)
11.1 Organizational (enterprise) subscriptions are governed
by these Terms and any VCOE for Business agreement.
11.2 Customer administrators control user provisioning and are responsible for
lawful use, role-based access, and compliance (including STA where applicable).
12) Disclaimers & Limitation of Liability
12.1 The Services and content are provided “as is”
without warranties of merchantability, fitness for a particular purpose, or
non-infringement. We do not guarantee outcomes (e.g., certification,
employability, or regulatory approvals).
12.2 To the maximum extent permitted by law, our total liability for any claim
arising out of or relating to the Services is limited to the amount you paid to
us for the relevant Services in the 12 months preceding the claim.
13) Indemnity
You agree to indemnify and hold us harmless from claims,
losses, damages, and expenses arising from (a) your breach of these Terms or
law (including PDPA/STA), (b) your content, or (c) your use of the Services.
14) Suspension & Termination
14.1 We may suspend or terminate access if you breach these
Terms, pose a security/compliance risk, or we are legally required to do so.
14.2 You may close your account at any time; accrued obligations (e.g., unpaid
amounts) survive.
15) Changes to the Services or Terms
We may update the Services and these Terms from time to
time. Material changes will be notified via the Platform or email. Continued
use after the effective date constitutes acceptance.
16) Governing Law & Dispute Resolution
16.1 These Terms are governed by Malaysian law.
16.2 Disputes will first be resolved by good-faith negotiation. If unresolved,
the parties agree to mediation at the Asian International Arbitration Centre
(AIAC), Kuala Lumpur. If still unresolved, the dispute will be submitted to
the courts of Kuala Lumpur.
17) Contact
Legal/Compliance Enquiries (including STA/Export
Control):
Email: [insert] • Postal Address: [insert]
Instructor Terms (Addendum)
Applies to Instructors publishing on VCOE e-Learning.
- Content
& Rights. You own your content and grant the Platform a
non-exclusive, worldwide license to host, store, cache, transcode,
display, and distribute it to enrolled Students. You warrant you have all
rights and third-party permissions. - Compliance.
You are responsible for ensuring your content is accurate, lawful, not
misleading, and compliant with Malaysian law and STA
(licensing/classification/export controls) where applicable. - Quality
& Safety. Courses must include accurate descriptions, learning
outcomes, prerequisites, and safety/regulatory warnings where relevant. - Pricing
& Promotions. If you manage pricing, you agree to follow Platform
pricing rules and sales events. We may apply platform-wide promotions as
per your settings. - Payments.
Instructor payouts are subject to fees, taxes, and payment schedules
disclosed in your dashboard. We may withhold amounts required by law or
for chargebacks/fraud. - Removal/Remediation.
We may remove content for violations, IP complaints, poor quality, safety
risks, or legal issues. You must promptly remediate flagged issues. - Confidentiality.
You shall not disclose non-public Platform information, learner personal
data (except as permitted by PDPA and our policies), or export-controlled
information to unauthorized parties.
