Speak Beyond User Service Agreement
Greetings from Speak Beyond!
To safeguard and protect your rights, please carefully read the accompanying agreement.
You are deemed to have accepted the terms and conditions of this Speak Beyond User Service Agreement ("Service Agreement", or "Agreement") and any other agreement, policy, or guideline that is listed below or referred to herein (collectively, "Agreements," "Policies," "Guidelines," or "Rules") when you access and use (or continue to use) this Speak Beyond website or application (the "Platform," "We," or "Speak Beyond") Please refrain from using this platform going forward if you disagree with the Terms of Service.
- Service Items and Contents
1.1 Speak Beyond is an online platform that connects learners and teachers (collectively referred to as the "Members", "Learner Members" or each "Learner Member"; the "Teacher Members" or each "Teacher Member"). The purpose of the Service is to make it possible for each Learner Member with learning needs to use the Internet to search for, screen for, and communicate with Teacher Members who meet their learning needs in order to reach out to them and enter into a teaching service agreement (a "Teaching Service Agreement"). The services offered by this platform include, but are not limited to, a service for matching learners and teachers online, the collecting and payment of lesson fees, teacher reviews, Beyond credits refund and withdrawal, and other services as this platform may update from time to time.
1.2 In light of the aforementioned, you comprehend and acknowledge that the Teaching Service Agreement is to be negotiated between a Learner Member and a Teacher Member, and that Speak Beyond is not a party to either of these agreements. Speak Beyond has no influence over the teacher that a Learner Member chooses, their lesson plans, or their availability. Speak Beyond makes no promises on the viability of any particular Teacher Member's offer of educational services through this platform. Should a disagreement arise between Learner Members and Teacher Members, Speak Beyond will help to clarify the situation and streamline the procedure. You recognize and accept that Speak Beyond is not responsible for the actions of any of its members and that members are not the company's employees or agents. Without the written permission of the Platform, Members may not act on its behalf. A Teaching Service Agreement shall become effective when the Learner Member completes course payment after the check-out process.
- Conditions & Terms of Use
The following User Service Agreement is something you agree to follow. Please refrain from using the Platform if you disagree with any of the terms and conditions listed below.
2.1 The Member account(s) that the Platform makes available to you are only for your personal use. You are not permitted to open more than one account, use more than one account, or in any other way make your account accessible to a third party, whether for a price or without charge.
2.2 You must make sure that the personal information you give us for registration purposes is accurate and full, and you must keep it updated as the Platform requests.
2.3 You must go over each and every notification that the Platform makes available. You must periodically evaluate all Platform notifications pertaining to website service procedures and policies, and you must access the Platform frequently.
2.4 You are responsible for maintaining the security of your account. You must try to supply the Platform with necessary information so that it can conduct an investigation in the event of any error or identity fraud.
2.5 You are in charge of providing the necessary hardware, software, and Internet access for receiving or delivering courses through the Platform, as well as making sure they are available. The Platform shall bear no costs and/or losses incurred if you are unable to attend owing to technical errors or difficulties that are not attributable to the Platform; you will not be entitled to a tuition refund for such lessons.
2.6 You must not alter, remove, or destroy the Platform's data or hardware using bots or any other automated means. You are not permitted to take advantage of security flaws (if any) in the platform's design, get over encryption to modify, remove, or gather data, or employ any other methods that might impair the platform's functionality.
2.7 By using the Platform, you hereby acknowledge and agree to abide by the Platform's reservation, cancellation, and rescheduling guidelines as set forth herein. It is your responsibility to adhere to the following provisions:
2.7.1 Reservation, Cancellation, and Rescheduling Timeframe: In order to reschedule a lesson without incurring any charges from the Platform, you must provide a minimum notice of 60 hours prior to the scheduled start time of the lesson.
2.7.2 Rescheduling: Rescheduling of lessons within the 60-hour timeframe is not permitted. In such instances, you have the following alternatives:
(a) Attend the lesson for the remaining duration as originally scheduled; or
(b) Cancel the lesson as specified in the subsequent section.
2.7.3 Cancelation:
- Cancel the lesson at least 48 hours before the scheduled start time and receive an 80% refund of the lesson fee credited to your Beyond wallet.
- Cancel the lesson within 48 hours before the scheduled start time and receive a 50% refund of the lesson fee credited to your Beyond wallet.
2.7.4 Disclaimer of Responsibility: The Platform shall not be held liable or responsible for any member's lesson cancellation or rescheduling. You understand and acknowledge that you will not be eligible for any refunds, whether in the form of Beyond credits or cash, other than the options explicitly stated above. Please take note that failure to comply with the aforementioned reservation, cancellation, and rescheduling guidelines may result in the forfeiture of your rights to any refunds or reimbursements.
2.8 You are strictly prohibited from engaging in any form of misuse or unauthorized exploitation of discounts, coupons, and gift cards offered by the Platform. This includes, but is not limited to, fraudulently obtaining or using discounts, coupons, or gift cards, as well as attempting to force or coerce others to receive illegal benefits through these means.
2.9 You shall not engage in any activities aimed at persuading, urging, or attempting to convince Learner Members or Teacher Members to discontinue their use of the Platform or terminate their membership.
2.10 You are obligated to maintain the operational functionality and integrity of the lesson evaluation system provided on the Platform. You must not employ any form of bots or automated mechanisms to manipulate or influence the evaluations of Teacher Members by others. This includes, but is not limited to, employing inducements, threats, intimidation, or any other improper means to influence evaluations. You are hereby informed that you shall not receive any form of compensation or rewards for completing reviews.
2.11 You are strictly prohibited from engaging in any fraudulent or unlawful activities while using the Platform. This encompasses activities that are deceitful, dishonest, or violate applicable laws and regulations. Violation of these rules may result in immediate suspension or termination of your account, as well as potential legal consequences.
2.11.1 You are strictly prohibited from posting any content on the Platform that is indecent, obscene, false, abusive, illegal, or otherwise offensive to other individuals. This applies to all forms of content, including public content, teacher's reviews, private messages, and comments made during lessons. Additionally, you must refrain from bothering or harassing other Members, whether they are Learner Members or Teacher Members. It is prohibited to send any communications to other Members that are unrelated to the lessons, including requests for their personal contact information such as phone numbers, email addresses, or social media contacts. Any violation of these provisions may result in severe consequences, including the termination of your account on the Platform. In addition, legal action may be pursued against users who engage in such prohibited behaviors.
2.11.2 You are strictly prohibited from verbally or physically harassing, harming, threatening, or stalking other Members of the Platform. Such behavior will not be tolerated under any circumstances.
2.11.3 You must refrain from discriminating against Platform Members based on their race, place of birth, religion, social lesson, language, gender, sexual orientation, age, ideology, political opinion, ancestral home, marriage, appearance, facial features, physical and mental disabilities, horoscope, blood type, or any other characteristic. Discrimination through your words or actions is strictly prohibited.
2.12 You are expressly prohibited from infringing upon the copyrights, trademarks, patents, trade secrets, or any other intellectual property rights of others, including the rights of the Platform, Teacher Members and Learner Members. This prohibition extends to unauthorized use, reproduction, distribution, or modification of any protected intellectual property, including but not limited to lesson video recordings conducted by Teacher Members, materials created and prepared by Teacher Members, and any other intellectual property present on the Platform.
2.13 You are strictly prohibited from engaging in any malicious activities that could infringe upon the integrity of our platform, disrupt our technical infrastructure, or cause any harmful losses or damages, including but not limited to: (a) Accessing, tampering with, or using non-public areas of our systems, unless explicitly authorized to do so. (b) Attempting to reverse engineer any part of our Services. (c) Interfering with any user, host, or network, such as by sending a virus, overloading, spamming, or mail-bombing. (d) Breaking or circumventing our authentication or security measures, or attempting to test the vulnerability of our systems or networks, unless explicitly authorized to do so.
(e) Using our Services or any functionality of the platform for any purpose other than completing online courses or for pedagogical purposes. (f) Using our Services to distribute malware.
2.14 Without the Platform's prior written agreement, you are not permitted to promote for-profit or nonprofit advertisements through the Platform on your own behalf or those of third parties.
2.15 In accordance with the idea of good faith, you are required to abide by the terms and conditions outlined in the Platform's Service Agreement. You must also follow any local laws and rules that may be in force in your area and refrain from acting in a way that endangers the Platform, Members, or third parties.
3. Content Review and Compliance
This Platform shall establish and maintain a robust and efficient review process to assess all content that You submit, publish, upload, transmit, share, link, display, or otherwise make available (collectively referred to as "Published"), including but not limited to comments, lesson reviews, images, audio, videos, information, opinions, graphics, questions, and other user-generated content (collectively referred to as "User Content"). The purpose of this review process is to ensure that the User Content complies with the policies and guidelines of Speak Beyond. Prior to submitting any User Content, You represent, warrant, and agree to the following:
3.1 You shall not include any illegal, pornographic, violent, terroristic, threatening, bullying, defamatory, hateful, racially discriminatory, harassing, infringing, unlawful, unethical, or other objectionable content in the Published User Content. In the event that such content is identified among Platform Members or in User Content, it must be promptly notified or reported to the Platform's customer service for immediate and rigorous action by the Platform.
3.1.2 You are prohibited from impersonating individuals or entities, using fraudulent email addresses, or engaging in any form of manipulation of User Content.
3.1.3 By publishing any User Content, You hereby represent and warrant that: (i) You are the sole owner of the User Content; (ii) the User Content is accurate; (iii) You are at least thirteen (13) years old; and (iv) the User Content provided does not infringe upon the rights of any third party or violate any of the terms and conditions of this Platform.
3.1.4 You are responsible for ensuring that any User Content You publish complies with all applicable laws, rules, and regulations. You shall bear all legal obligations arising from any infringement or illegality associated with the User Content.
3.1.5 You hereby grant the Platform and its affiliates a perpetual, unlimited, non-exclusive, fully sublicensable, irrevocable, global license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly display the User Content in any media worldwide. Notwithstanding the closure of your account, the Platform's license shall remain valid.
3.1.6 In addition to the website where the User Content was originally published, the Platform may utilize the User Content You publish for advertising purposes and may display it on websites with a public audience, including the Platform's website and affiliated organizations' websites and marketing materials.
3.1.7 The Platform reserves the right to delete any User Content on the Platform without providing a reason, suspend or terminate your Member account(s), and shall not be liable for any inconvenience or financial losses incurred by You. This provision also applies if the Published User Content violates the Speak Beyond User Service Agreement and other policy requirements of this Platform.
4. Ownership of Data and Safe Use Policy
4.1 Ownership of the Platform: The Platform, or a third party with written permission, is the rightful owner of all original works, trademarks, patents, and other intellectual property rights. Unless otherwise specified in the Service Agreement, no express or implied rights are granted to you by the Platform.
4.2 Ownership of Member Content: Except as stated in the preceding paragraph, you retain ownership rights to the information ("Member Content") that you have created, uploaded, saved, and published on the Platform. By doing so, you represent and warrant that you exclusively own the Member Content and that it does not infringe upon the rights of any third party. If you become aware of any infringements, kindly notify us immediately and provide any supporting documentation.
4.3 By providing the Member Content, you grant the Platform a perpetual, non-exclusive, transferable authorization to use the Member Content without charge. You agree that the Platform may utilize the Member Content in any manner, whether paid or unpaid, including but not limited to viewing, reproducing, modifying, issuing, distributing, publicly presenting, broadcasting, releasing, performing, and transmitting, for the purpose of maintaining, improving, or altering the functionality of the Platform, as well as for marketing and advertising purposes.
4.4 You acknowledge and agree that the Platform is a public forum that serves a diverse user base. Any information you upload, save, or publish—such as comments and reviews made on the Platform, teacherial recordings, and interactions with the Platform or other Members via the Platform—is not considered private or confidential. Please exercise caution and be mindful of data protection and privacy considerations.
5 System of security control
5.1 You hereby acknowledge and agree that the Platform may store and access all Member activities for the purpose of maintaining platform functionality and ensuring security. This includes, but is not limited to, personal information disclosed on the Platform, comments made on courses, attendance records, teacherial recordings, communications with the Platform, and communications with other Members through the Platform. You further acknowledge and accept that the Platform may utilize these materials for dispute resolution, data analytics, and platform optimization to enhance the quality of services provided. Any collection, processing, or use of personal data shall be carried out in accordance with the Privacy Policy of this Platform.
5.2 You have the option to request the deletion of any information you have posted, saved, or uploaded on the Platform. However, please note that making such a request may result in the loss of access to this Platform.
5.3 You acknowledge and accept that the Platform, at its sole discretion, may suspend or remove any Learner Member Content that you have uploaded, stored, or published on the Platform. Additionally, the Platform may, at its sole discretion, suspend or terminate your rights, in whole or in part, to access or use the Platform if your Learner Member Content is involved in a copyright infringement dispute or impairs the rights of other Members to use the Platform. If you are found responsible for any of the aforementioned events, you acknowledge that you are not entitled to file a claim for damages related to the suspension or deletion of your uploaded, saved, or published content, or the termination of your access to the Platform.
6. Refund procedure and payment
6.1 You acknowledge that any refunds issued to you for the purchase of a course package on this Platform will be provided in the form of credits to the Learner Member's wallet (hereinafter referred to as the "Beyond Wallet"), which can be used for future transactions. Cash refunds will not be provided.
6.2 The Platform shall facilitate the return process by allocating Wallet Credits (referred to as "Beyond Credits") to the learner Beyond Wallet based on specific conditions resulting from cancellations or rescheduling requests made by Learner Members:
6.2.1 In the event of a cancellation by Learner Members at least 36 hours prior to the scheduled start time of the lesson, the Platform shall provide an 80% refund of the lesson fee credited to the learner Beyond Wallet. The refund amount will be determined by multiplying the refund percentage by the post-discounted lesson fee per lesson, after deducting surcharges and currency conversion rate chargebacks as stipulated in the Teaching Service Agreement.
6.2.2 If a cancellation is made by Learner Members within 36 hours before the lesson start time, the Platform shall issue a 50% refund of the lesson fee credited to the learner Beyond Wallet. The refund amount will be determined by multiplying the refund percentage by the post-discounted lesson fee per lesson, after deducting surcharges and currency conversion rate chargebacks as per the terms outlined in the Teaching Service Agreement.
6.3 The Platform shall facilitate a complete refund of the lesson fee by adding Wallet Credits (referred to as "Beyond Credits") to the learner Beyond Wallet in cases where Learner Members cancel lessons upon request from Teacher Members. It is important to note that Teacher Members are subject to a limit of two instances of lesson cancellation or rescheduling per month. This policy is implemented to safeguard the rights of Learner Members and prevent arbitrary cancellations by Teacher Members.
6.3.1 The total refund will be determined by combining the full refund of the post-discounted lesson fee per lesson after deducting surcharges and currency conversion rate chargebacks as specified in the Teaching Service Agreement. The refund amount will be credited to the learner Beyond Wallet.
6.4 Speak Beyond does not issue cash refunds. You have the option to cancel your lesson and receive a refund in Wallet Credits (referred to as "Beyond Credits"). You can pay for lessons with Beyond Credits.
6.5 As soon as Speak Beyond completes the return procedure, the Order is deemed void. Learner Members should not have the right to ask Platform or Teacher Members to carry out the teaching responsibilities.
6.6 You acknowledge and understand that the refund process is subject to specific rules. Upon receiving your confirmation, Speak Beyond will process the refund within 15 working days. Please note that the speed of the refund may depend on the operational efficiency of the third-party translation authorities.
6.7 In the event of any payment or refund-related concerns, you are required to cooperate with the Platform by providing the necessary information to facilitate an investigation. Furthermore, you must collaborate with banks, financial institutions, or other relevant authorities to ensure the completion of the inquiry.
7. Types of Membership and Eligibility
7.1 Except as otherwise stipulated by applicable legislation, this Platform is exclusively accessible to individuals who have attained the age of 13 and possess the legal capacity to enter into and form binding contracts. If you are below the age of 13 or, as determined by pertinent laws, lack the legal capacity to independently enter into a contract, it is imperative that you obtain consent from your legal guardians. Failure to fulfill the aforementioned eligibility criteria empowers the Platform to deny you access to its services.
7.2 Learner Members are individuals who utilize this platform, undergo the enrollment process, engage in searching, selecting, and purchasing lessons with the intention of completing the Teaching Service Agreement and, if necessary, providing feedback. Teacher Members are individuals who employ this Platform to showcase their educational and instructional credentials through written, visual, audio, and video content and subsequently enter into Teaching Service Agreements with Learner Members. By registering as a Teacher Member, you affirm your consent to abide by the obligations delineated in the teacher Guidelines.
7.3 This Platform retains the discretionary authority to determine whether or not to enter into a Service Agreement with any or all Members, including specific individuals or groups of Members.
7.4 Except as expressly stated in the aforementioned provision under Article 6, nothing in these Terms or otherwise pertaining to the Learner Member's participation in any Content Offerings by Teacher Members shall:
(a) Establish any relationship between the Learner Member and any Teacher Member;
(b) Enroll or register the Learner Member in any Content Provider institution or in any Content Offering offered by any Teacher Member institution;
(c) Entitle the Learner Member to utilize the resources of any Teacher Member institution beyond participation in the Service provided by the Platform.
8. Purchase of Courses and Payment of Tuition
8.1 Learner Members shall pay lesson fees in accordance with the lesson count, lesson(s) duration, item price, teach language and total cost details shown on the checkout page, and pay lesson fees using the preferred method of payment. By using the Platform's communication feature, Learner Members and Teacher Members could purchase the lesson as described on the checkout page ("Order"—and each order is distinct).
8.2 When Learner Members pay in accordance with each Order, the Teaching Service Agreement becomes operative.
8.3 You understand that a platform service fee may be levied against you by this Platform. The Platform maintains the right to modify the promotional programs, costs, teach language and lessons package offerings on the platform's checkout page, provided that such modifications won't have an impact on any Orders placed prior to the announcement of the modifications.
8.4 You acknowledge that the Platform reserves the right to request payment from you or to cancel the Order if it does not receive payment, if there are insufficient funds or credits due to an incorrect bank transfer, or for any other reason. This also holds true for instances in which the Teacher Members display an incorrect price. As soon as the Platform has resolved the difficulties, it will reimburse you for any unused tuition money. The Order becomes void after the refund procedure is finished.
8.5 You acknowledge and accept that every Order, Referral Program or Promotional Code has a unique expiration date. The Order's expiration date is determined on the package you bought. You acknowledge and agree to abide by the Platform's declared expiry and extension policies.
8.6 You have the option to make payment for the Order in any currency accepted by the chosen Platform. However, it is important to note that all payments will be charged in Malaysian Ringgit (MYR) as the default currency. Please be aware that exchange differences or surcharges resulting from the payment processes, payable to banks, credit card issuing institutions, and other third-party payment service providers accepted by the Platform, may apply due to varying exchange rates in different countries. Any change, update, or modification will be effective immediately upon posting through the relevant Services. By proceeding with the payment, you acknowledge and agree to assume responsibility for any such exchange differences or surcharges.
9. Resolution of Conflict
9.1 The services provided by the Platform are designed to facilitate the connection between Learner Members and Teacher Members and facilitate the establishment of Teaching Service Agreements. It is the general practice of the Platform to refrain from intervening in disputes arising under the Teaching Service Agreement between Learner Members and Teacher Members, unless the disputes are escalated by Learner Members to the Platform for final resolution.
9.2 The Platform, in accordance with Article 6 of this Service Agreement, may facilitate refunds to Learner Members' learner Beyond Wallet upon mutual agreement between the Learner Member and the Teacher Member to terminate the Teaching Service Agreement.
9.3 In exceptional circumstances, either the Learner Member or the Teacher Member may submit a written notice to the Platform regarding any refund-related issues arising from the Teaching Service Agreement. These issues will be subject to the Platform's designated dispute resolution procedure. However, it is essential that such issues are reported within 48 hours after the dispute arises. Failure to comply with this timeframe may result in the Platform's refusal to handle the matter.
9.4 In resolving a dispute, both parties are required to present relevant evidence substantiating their respective claims. In cases where warranted by the circumstances, the Platform may request both parties to participate in an oral presentation at a designated location. The resolution of the dispute shall be documented in writing.
9.5 The Platform shall assess all available evidence and determine whether to proceed with the execution of the Teaching Service Agreement. In the event that either party has legitimate reasons to terminate the Teaching Service Agreement, the Platform may make appropriate adjustments to the disputed Order or issue a credit refund to the affected member's Beyond Wallet for the disputed Order. In cases where the facts are unclear and definitive conclusions cannot be reached, the Platform may engage in negotiations with both parties concerning compensation and, if necessary, provide a refund in the form of Beyond Credits to the affected member's Beyond Wallet.
9.6 Please be advised that any resolution or decision rendered by the management team shall be deemed final and conclusive, and shall not be subject to further discussion, dispute, or rejection by either teachers or learners.
10. Exclusion and Liability
10.1 It is a requirement for Learner Members and Teacher Members to provide accurate and truthful information during the enrollment process on the sign-up page. The information provided must also comply with all applicable laws.
10.2 Teacher Members are solely responsible for the authenticity,accuracy, completeness, or quality of their teaching experience, work history, teaching effectiveness, and any other factors related to the quality of their instruction. They must ensure that such information is in compliance with applicable laws.
10.3 Teacher Members are solely responsible for ensuring that their teaching methods, lessons, and content and materials are legal and meet the required standards. The Platform does not assume liability for any inaccuracies, errors, or omissions in the content shared by Teacher Members.
10.4 The Platform does not guarantee the legitimacy, security, accuracy, or suitability of any materials, advertisements, or other information provided by third parties, except for those provided directly by the Platform for conducting business.
10.5 The Platform does not guarantee the uninterrupted or error-free provision of services due to errors or actions of third-party suppliers. It may temporarily suspend or interrupt its services due to maintenance, upgrades, technical issues, or other factors beyond its control.
10.6 The Platform does not guarantee the uninterrupted or suspended provision of services caused by events beyond its control, including but not limited to war, major fires, floods, typhoons, earthquakes, or epidemics of contagious diseases.
10.7 These exclusions and limitations of liability shall apply to the fullest extent permitted by law, and if any provision is deemed invalid or unenforceable, the remaining provisions shall continue in full force and effect. By using the Platform's services, all Learner Members and Teacher Members acknowledge and agree to these exclusions and limitations of liability.
11. Agreement for The Service expiring
11.1 A Learner Member has the right to terminate the Platform’s Service Agreement with the Platform at any time.
11.1.1 Prior to termination, the Learner Member is solely responsible for withdrawing their complete funds from their Beyond Wallet and canceling any purchased yet uncompleted lessons.
11.1.2 The Platform shall not be held liable for any damages or losses incurred by the Learner Member as a result of their failure to complete the fund withdrawal and lesson cancellation process before terminating their service.
11.2 Once the termination is initiated by the Learner Member, the Platform shall not entertain any claims or provide any remedies for damages or losses arising from the aforementioned failure to complete the necessary processes.
11.3 Despite the Service Agreement's termination, the Platform is still obligated to support Teacher Members in carrying out their previous responsibilities under the Teaching Service Agreement.
11.4 Until Learner Members, Teacher Members, or both, terminate the Service Agreement, Learner Members and Teacher Members shall continue to fulfill their existing duties under the Teaching Service Agreement. As long as it complies with its obligations under the User Service Agreement, the Platform is permitted to continue charging Members for services and surcharges related to using the Platform.
11.5 Upon completion of payment for lesson costs, the Teaching Service Agreement between the Learner Member and Teacher Member becomes legally binding. Following termination of the Service Agreement, the Platform may, at its discretion, retain certain information published or posted by Learner Members for a specified period. This retention is necessary to fulfill obligations incurred prior to termination. The Platform will also retain and utilize teaching evaluations, communication logs, and teacherial recordings made available prior to the termination of the Service Agreement. These retention practices are in accordance with Platform policies to ensure quality control and ongoing service improvement.
11.6 This Article, the terms and conditions under Article 5, 8, 11, and Article 13 will remain in effect even if the Service Agreement is terminated.
12. Damages liability and ceiling
The Platform acknowledges its liability for damages incurred by Members that are directly attributable to the Platform, up to the total amount of the respective Order. It is important to note that such damages do not encompass the loss of anticipated gains resulting from the execution of the Teaching Service Agreement. In cases where multiple Orders are involved and damages arise, culpability will be assessed based on the most recent Order. This limitation on damages is implemented to protect the Platform's interests and ensure fair and reasonable compensation in the event of any liability.
13. The Agreement's scope and amendment
13.1 The Terms of Service encompass the Teaching Service Agreement, Privacy Policy, and any other rules and regulations that may be periodically published by the Platform. These Terms of Service also apply to information or announcements published on the Platform, announcements available on affiliated third-party websites (e.g., the Platform's blog), or policies related to Frequent Ask Questions, Q&A guidelines,marketing and reward guidelines, and similar guidelines published on other authorized platforms (e.g., business pages on Twitter, XiaoHongShu, Facebook and Instagram).
13.2 Speak Beyond reserves the right to periodically update, modify, and supplement this Agreement in order to ensure the proper functioning of the Platform. Such updates, amendments, or supplements to the Agreement will be posted on the Platform's website or applications, or communicated to you through other means. By continuing to browse or use the Platform, you agree to be bound by the most recent version of the terms and conditions. If you do not agree to the updated terms and conditions, you must discontinue using the Platform and may contact us for further assistance.
14. Legal Consequences of Violation of this Service Agreement
14.1 In the event that a Member violates the terms of the User Service Agreement, the Platform reserves the right to take the following actions, among others:
14.1.1 At its discretion, promptly suspend or remove any content uploaded, stored, or published by the Member on the Platform or any other platforms controlled by Speak Beyond;
14.1.2 Suspend or terminate, in whole or in part, the Member's right to access or use the Platform due to violation of the terms and conditions stated herein (e.g., revoking the Learner Member's ability to use Beyond Credits or attend purchased lessons);
14.1.3 Terminate the Member's access to the Platform;
14.1.4 Close the account of the Member found in violation.
14.2 In the event of a breach of this Service Agreement by a Member, Speak Beyond may, at its sole discretion, take any or all of the measures described in Article 13.1 as a response.
14.3 If a Member's account is temporarily suspended, the Member's access to the Platform will be restricted.Once the Member has complied with the necessary requirements, the Platform may reactivate the Member's account, allowing them to resume accessing and using the Platform.
14.4 If a Member's account is terminated permanently, they will be prohibited from future use of the Platform. The Platform retains the right to immediately suspend or delete the account of any Member. Upon termination, the Member will no longer have the ability to access, modify, or delete any information posted or stored on the Platform. The Member shall not be entitled to file any claim for damages arising prior to the termination.
14.5 In the event of a breach of the Service Agreement by a Member, Speak Beyond may exercise its right to terminate the Member's access to the Platform. Upon termination, Speak Beyond may choose to arrange a cash refund to the Member's Authorized Payment Account instead of refunding Beyond credits to the Beyond Wallet. Before refunding to the Member, the Platform reserves the right to deduct liquidated damages and penalties, which shall amount to 20% of the total cost of each Order the Member purchased prior to the breach. The inclusion of liquidated damages and penalties aims to prevent disputes, and this provision shall apply to each individual Order.
14.6 The Member is responsible for fulfilling all payments owed to the Platform. Any attempt to evade lesson fees or incomes, or encourage others to do so shall result in further legal action by the Platform to recover the outstanding payments.
15. Miscellaneous
15.1 Speak Beyond, a Malaysian corporation with its registered office in Kuala Lumpur, operates and powers this platform.
15.2 The Terms of Service constitute the entire agreement between you and the Platform regarding your use of the Platform.
15.3 The Platform's failure to exercise any rights under the Service Agreement shall not be construed as a waiver of those rights. If any provision of the Service Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue to be binding and enforceable to the fullest extent permitted by law.
15.4 The Service Agreement and the Terms of Service shall be governed by and construed in accordance with the laws of Malaysia. The Platform and the Members consent to the non-exclusive jurisdiction of the courts of Malaysia for the resolution of any legal disputes arising under the Service Agreement or the Terms of Service.
15.5 You acknowledge that all communications between you and the Platform will be conducted through the email address provided during registration on the Platform.
15.6 If you have any inquiries or questions regarding the Service Agreement, please contact the Platform's customer service. The Platform reserves the right to refuse to handle inquiries that do not meet the formal requirements or criteria.