Terms and Conditions of Financial Planning Educational Programme

These Terms and Conditions (Terms) govern our MULA Academy services to you.

1. MULA ACADEMY. We, MULA Advisory Sdn Bhd (Company No. 201201025163 (1009653-W)) (MULA), offer a course-based training programme to educate people on managing personal finances (MULA Academy).

2. SCOPE OF SERVICES.
2.1 The MULA Academy services is a general education programme separate from our regulated activity of Financial Planning, which we have a licence to carry out under the Capital Markets and Services Act 2007 [Act 671]. This programme is separate because, unlike Financial Planning, we do not assess your personal financial circumstances or provide advice or plans tailored to your financial needs and objectives (Financial Planning).
2.2 We will not be responsible for your reliance on the educational materials provided by us throughout the performance of our services; these include materials in any form, including without limitation written documents, slide decks, emails, digital files, spreadsheets, tools/templates/models, audio/video, webinars, and verbal remarks in live or recorded sessions (Educational Materials). As the MULA Academy is not Financial Planning, you may not employ the Educational Materials as professional advice from MULA or as the sole basis for making decisions. If you require Financial Planning, we recommend that you consider engaging separate professional advice that is tailored to your individual circumstance and which carries out an appropriate fact-find and suitability assessment.
2.3 Our giving you access to, or use of, Educational Materials is not advisory mandate and remains separate and ring-fenced from of our other services (whether those are engaged by you or not).
2.4 Any assessment of your personal financial circumstances and any advice or plans tailored to your financial needs and objectives that may be given by individual employees or representatives of MULA or by teachers, tutors, speakers, trainers, lecturers, coaches, hosts or similar persons during MULA Academy programmes (Individual Opinions) are: (a) given in that person’s individual capacity as a non-professional personal opinion of that individual and (b) are not given on behalf of MULA or with MULA authorisation, and are given against MULA’s instructions. MULA shall not be held liable for your reliance on these.

3. PAYMENT TERMS. You will pay us the fees (including sales and services tax) without deductions (i.e. no discounts, set-off etc.) prior to your access to the MULA Academy, or if we permit you early access, immediately from the issuance of our invoice.

4. NO WARRANTIES. Our services and the Educational Materials are provided “as is” and “as available,” with all faults. To the maximum extent allowed by law, we make no representations, warranties or conditions (express or implied) regarding accuracy, completeness, fitness for a particular purpose, acceptable quality, non-infringement, or results.

5. INDEMNITIES. You shall indemnify and hold us and our agents harmless from and against all losses, liabilities, costs and expenses (including legal fees) arising out of or in connection with: (i) your reliance on, use of, adaptation of, or distribution of the Educational Materials in breach of this Terms or on Individual Opinions; (ii) any claim that your use of the Educational Materials misstates, omits or misapplies information in a way that causes loss to a third party; or (iii) your failure to obtain professional advice for Financial Planning where required. This indemnity constitutes a separate and independent obligation from the other obligations in this Terms, shall give rise to a separate and independent cause of action, shall apply irrespective of any indulgence granted by the us to you.

6. LIMITATIONS. To the maximum extent permitted by law, we will not be liable for any indirect, incidental, consequential, special or exemplary loss (including lost profits, business interruption, loss or unauthorised access to information) arising from your use of or reliance on our services and/or the Educational Materials. Our total aggregate liability for any claim relating to our services and / or the Educational Materials will not exceed the amounts you actually paid for access to or participation in the MULA Academy under this Terms.

7. INTELLECTUAL PROPERTY.
7.1 The intellectual property in the Education Materials belong to MULA or its licensors (as applicable). Subject to these Terms, MULA grants you a limited, non-exclusive, non-transferable, revocable license to access, view, and use the Educational Materials solely for the Customer's personal, non-commercial educational purposes.
7.2 You shall not copy, reproduce, distribute, modify, adapt, commercialise, reverse engineer, or use the Educational Materials in any unauthorised manner, remove trade mark or proprietary markings, or engage in any unlawful use that could harm MULA’s reputation or infringe third-party rights.

8. PERSONAL DATA PROTECTION.
8.1 In accordance with our privacy policy in the Appendix, we will keep all personal data collected pursuant to our services confidential and will collect, process, store and use it in compliance with the Personal Data Protection Act 2010 and other applicable laws and regulatory guidelines.

9. MISCELLANEOUS.
9.1 Governing law and jurisdiction. This Terms shall be construed and governed in accordance with the laws of Malaysia. The parties irrevocably agree that the courts of Malaysia shall have jurisdiction to settle disputes which may arise out of, or in connection with, this Terms and that, accordingly, any suit, action or proceedings arising out of, or in connection with, this Terms may be brought in such courts.
9.2 Assignment. You may not assign, sub-license, transfer, encumber or otherwise dispose of this Terms without our prior written approval. Any attempted assignment, sub-license, transfer, encumbrance or other disposal without such consent shall be void and shall constitute a material default and breach of this Terms.
9.3 Entire agreement. This Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements or communications.
9.4 Acceptance and surviving provisions. This Terms shall be effective upon your acceptance below. This Section and Sections 2, 3, 6, 7, and 8 shall survive termination, along with any other provisions that might reasonably be deemed to survive such termination.
9.5 Amendments and variations. We can make any amendments or variations to this Terms by serving you notice.
9.6 E-Delivery, E-Signature & Recordings. You consent to electronic communications and signatures; electronically signed documents are valid and enforceable. You authorise us to record meetings (audio/video) for quality and record-keeping.
9.7 Outsourcing. We reserve the right to outsource the execution of our services to our related corporation or third party(ies).

APPENDIX

Pursuant to the requirement of the Personal Data Protection Act 2010 (hereinafter referred to as the “Act”), we hereby issuing this notice to inform and explain on how MULA collects, uses, maintains and discloses your personal data in respect of commercial transactions. This personal data notice applies to any person whose personal data is processed by MULA.

“MULA”, “our”, “us”, or “we” in this notice refers to MULA Advisory Sdn Bhd (Company No. 201201025163 (1009653-W)) including its branches and its subsidiaries as well as related companies.

A. Nature of Personal Data

The personal data processed by us may include your name, contact details, email address, job title and company name, age, gender, date of birth, national registration identity card number/passport number; race, religion, nationality, information of any past breaches of or convictions under any law and any other personal data provided by you required for the purposes set out below.

B. Purpose of MULA Collecting Your Personal Data

Subject to the relevant laws, MULA may use your personal data for the following purposes (“Purposes”):

(a) to enable it to discharge its contractual obligations under this Terms;

(b) to respond to your enquiries and complaints and to resolve disputes;

(d) to provide ongoing information about our products and services to people that we believe may be interested in such event, programs, products and services;

(e) to provide services;

(f) to research, develop and improve our products and services;

(g) for employment opportunities in the event you have provided information for such purposes; and

(h) such other purpose relevant to the products and services provided by MULA.

C. Disclosure of Your Personal Data

Subject to relevant laws, your personal data may be disclosed to:

(a) our subsidiaries, related and associated companies;

(b) any supervisory, governmental or relevant authority;

(d) auditors, solicitors, professional firms or entities;

(e) parties authorised by you; and

(f) any other person which MULA may think fit.

Your personal data may be transferred or disclosed to a place outside of Malaysia, and by providing us your personal data you agree to such a transfer where it is required to provide you the services you have requested, and for the performance of any contractual obligations you have with MULA including for storage purposes.

D. Security

The security of your personal data is our priority. We undertake, where practicable, to implement the appropriate policy and procedures in accordance with the applicable laws and regulations to safeguards your personal data from unauthorized or unlawful used.

E. Access and Correction to Your Personal Data

You may access and request for correction of your personal data in which you have provided to MULA and in this respect, you may:-

(a) check if we hold or use your personal data and request access to your personal data;

(b) request for correction of any of your personal data which is inaccurate, incomplete or not up to date;

(c) request MULA to limit the process of your personal data, including personal data limiting to the persons who may be identified from your personal data; and

(d) inform MULA on your withdrawal (in full or in part) of your consent given previously to MULA subject to any applicable legal restrictions, contractual conditions and a reasonable duration of time for the withdrawal of consent to be effected.

Please be informed we may charge a small fee depending on the information requested. We may also take steps to verify your identity before fulfilling your request for access to your personal data.

Please contact us using any the following modes if you have any enquiries or complaints in respect of your personal data:

Designated Contact Person: Administration Officer

Mailing Address: B01-A-13A, Level 13A, Menara 2, No 3 Jalan Bangsar KL Eco City, Kuala Lumpur, Malaysia

Telephone No: 03-2201 2100

Email Address: info@mula.com.my

F. Failure of Providing Your Personal Data

Unless otherwise specified by us at the time the personal data is collected, it is obligatory that you supply us with the personal data requested for by us. If you revoke to supply to us the above personal data, we may not be able to carry out the Purposes for which you have provided us the personal data and in addition, you may be in breach of the requirements of the relevant rules.

By providing to us your personal data, you hereby consent to the processing of your personal data in accordance with all of the above.

G. Language

This Personal Data Notice is issued in both English and Bahasa Malaysia. In the event of any inconsistencies between the English version and Bahasa Malaysia version, the English version shall prevail.