Effective date: 1st January 2021
Welcome to Miss Lim.Mandarin
Miss Lim.Mandarin, herein referred to as "the Platform," welcomes you. You are implored to peruse these binding legal stipulations ("Terms and Conditions") with due diligence prior to engaging with the Platform. Access to and use of the digital presence maintained across facebook.com/misslim.mandarin, mamamandarin.com and all of its subdomains (collectively, "the Site") are contingent upon your unconditional acceptance and adherence to these Terms and Conditions. Herein, the Site is presented for the dissemination of information regarding events, personalities, the MAMA™ program ("the Program"), and to facilitate a virtual conclave for community interaction. Edulearning Limited ("the Company"), its directors, agents, employees, and affiliates disclaim any liability for the repercussions of actions taken or not taken based on the content herein. The content disseminated through or by this Site, inclusive of but not limited to textual, visual, and auditory content, is furnished solely for the purposes of promotion and information dissemination. It is incumbent upon the user to acknowledge that such information does not constitute professional advice, counsel, or opinion of any form or nature. The engagement with this Site, and any actuation upon the information or recommendations contained herein, is undertaken at the sole discretion and risk of the user. The engagement herein described, and any interaction therewith, effectuates a legally binding covenant ("Agreement") betwixt the user and Edulearning Limited duly incorporated under the laws of Malaysia, with its principal place of business located in Kuala Lumpur. It is within the purview and discretion of Miss Lim.Mandarin, along with her designated team, to enact modifications, amendments, supplements, and replacements to these Terms and Conditions, sans prior notification. The continuance of use of this Site, subsequent to any alterations herein, shall be construed as an unequivocal acceptance of such revised Terms and Conditions by the user.
Intellectual Property Rights
The corpus of materials on the Site, safeguarded by the Copyright Act of 1987, are the intellectual property of the Company. Unauthorized use, reproduction, or distribution of these materials is strictly prohibited and will invoke legal action.
Masterclasses.
The Company reserves the exclusive right to select participants for its free masterclasses. Non-selection shall be inferred from the absence of an invitation, with no obligation on the part of the Company to provide explanations for non-selection.
Gifts.
The provision of complimentary gifts in connection with the Company’s masterclasses is discretionary and subject to specific eligibility criteria, which include, but are not limited to, publicly sharing three (3) key insights gained from the session on social media, in accordance with the Company’s instructions. Attendance or completion of the masterclass does not, in itself, constitute entitlement to any gift. The Company reserves the right to withhold, modify, or revoke the offer of any gift at its sole and absolute discretion, without prior notice or obligation to any participant.
Third-Party Links
The Site may feature links to external websites not under the Company's purview. The Company assumes no responsibility for the content or damages arising from the use of such external sites.
Proprietary Rights
The Company hereby grants to users of this Site, which is operated under the auspices of the Miss Lim.Mandarin social media account and branded as MAMA™, a conditional, non-transferable, and non-exclusive license. This license authorizes the user to download and view materials found on the Site, strictly for personal and non-commercial purposes. Such authorization is confined to the transient display of said materials and expressly precludes the following actions:
- The alteration, modification, or replication of any materials;
-The utilization of the materials for any form of commercial engagement or public exhibition, irrespective of the commercial or non-commercial nature thereof;
-The distribution, sharing, or transfer of the materials to any third party, or the replication of the materials on any alternate server or digital platform.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. The Company reserves the right to pursue all available legal remedies to address such infringement, with the implicated party bearing full responsibility for the attendant legal costs incurred in the enforcement of these proprietary rights.
Testimonial Authorization
In recognition of the value derived from the dissemination of participant accolades and achievements within our offerings, enrolment in the Program inherently bestows upon Edulearning Limited, operating under the monikers Miss Lim.Mandarin and MAMA™, the irrevocable consent to utilize any form of testimonial evidence provided by the participant. This encompasses, without limitation, the assimilation and deployment of such testimonials in marketing campaigns and promotional endeavors across various media.
The scope of testimonials eligible for such use includes, but is not limited to, spontaneous commendations, accolades communicated through Instagram stories, publicly shared posts or those within our designated internal groups, as well as direct correspondences with Miss Lim.Mandarin and the team. In instances where testimonials are incorporated into our promotional materials, measures shall be taken to obscure full names and photographs, contingent upon specific requests for anonymity, thereby ensuring compliance with prevailing confidentiality agreements; notwithstanding, it is acknowledged that the provision of testimonials constitutes a distinct exemption from these confidentiality obligations.
Payment
1. Full Payment.
The definition of full payment is to pay the entire price of the course by one-time electronic funds transfer or any legal form of payment, including but not limited to card payment. Partitioned payments, including but not limited to installments, shall not fulfill the criterion for full payment. Exclusive access to our digital products and/or services, including any bonuses, is contingent upon the receipt of full payment. Participants opting for partitioned payment methods will not gain access to these digital offerings until the full payment has been completed. Full payment bonuses may vary from case-to-case basis based on the specific masterclass attendance date. Due to the digital nature of the bonuses provided, there are no refunds or exchanges for other materials or services.
2. Payment Plans.
If you opt for a payment plan, upon executing this agreement, you agree to pay the Company the full remaining balance through a series of 3 or 6 monthly instalments. These installments may be facilitated through the services of third-party Buy Now Pay Later (BNPL) entities, over which the Company holds no dominion or control. Responsibility for the collection, suspension, or modification of payments under this arrangement shall rest solely with the aforementioned BNPL entities. Consequently, the Company absolves itself of any liability for actions undertaken by BNPL entities, including but not limited to the imposition of late payment fees or other punitive measures. The Company disclaims the provision of refunds or compensations in instances of purchaser's remorse, personal predicaments, or any other circumstances leading to a cessation of payment under the structured schedule. A cessation of participation in the MAMA™ course does not abrogate the ongoing obligation under the structured payment schedule.
3. Non-Refundability of Payments
All payments rendered to the Company, including, without limitation, any initial deposit, course enrollment fees for the MAMA™ program, or any other products offered, are hereby deemed non-refundable. This non-refundability clause extends to all digital and downloadable content provided by the Company. An exception to this policy exists solely for the MAMA™ course, wherein a 14-day do-the-work money back guarantee is applicable, subject to the terms and conditions delineated within the Company’s Refund Policy.
Our Refund Policy
The Company is committed to the satisfaction and educational advancement of its participants within the MAMA™ program. We understand the importance of the investment our students make and strive to ensure that they receive value from our offerings. Our refund policy is designed to acknowledge the commitment required to benefit from the MAMA™ course fully.
Should you find the need to discuss a potential refund, we request you initiate contact with our support division via WhatsApp at +65 94211900 or email at [email protected] no later than fourteen (14) calendar days following the acquisition of your portal access credentials. This period is critical for assessing your engagement with the course materials. To qualify for a refund, you must follow our "14-day do-the-work money back gurantee" policy. This means you need to complete all required first two modules coursework and quizzes inside our portal if you're thinking about asking for your money back. You have 14 days from the time you get access to the course to decide if it's right for you. If you don't complete the necessary work within these 14 days, you won't be eligible for a refund. Please note, if you've used one-on-one coaching service or any live session will no longer be qualified for a refund. If you've chosen to pay for the course through a payment plan, this could affect whether you can get a refund and how much you might get back. Generally, we can only refund the payments you've made in installments, and we cannot refund any initial deposit you might have paid.
Refund requests predicated solely on personal circumstances such as time constraints, health issues, or financial changes post-enrollment will not be entertained. Our refund eligibility is strictly confined to considerations regarding the qualitative aspects and educational efficacy of the MAMA™ course content.
Upon determination of refund qualification, it is the policy of the Company to process and issue refunds within fourteen (14) working days from the day on which the refund qualification is established. This commitment ensures a timely and efficient return of funds, aligning with our dedication to customer satisfaction and service excellence.
Non-Refundable Circumstances:
Refunds will not be considered under conditions of minimal effort, lack of engagement, or failure to assume responsibility for the learning process within our courses. Additional non-refundable instances include but are not limited to:
-Utilization of the refund policy to circumvent existing financial commitments to the Company.
-Alterations in course engagement motivation or interest post-purchase.
-Non-completion of course requirements.
-Non-full payment including instalment options.
-Requests submitted subsequent to the 14-day evaluation window from portal access initiation.
Refundable Situations:
A refund may be granted in scenarios where the participant has fully engaged with the course, completing the initial two modules, inclusive of all associated quizzes and video instructions, and can demonstrably argue that the course failed to meet educational expectations. This protocol underscores our expectation for a thorough engagement before considering a refund request.
Decisions regarding refunds are subject to the discretionary judgment of the Company's management, ensuring fairness and consideration for each unique case.
Selection and Enrollment Rights
The Company retains the discretion to select or reject participants for its courses and services, with the right to refund payments at its discretion. The criteria and methodologies employed in the selection process shall remain proprietary and undisclosed. In instances where a prospective student initiates payment absent express pre-authorization from the Company, the right to withhold refunds is reserved. Similarly, subsequent to initial acceptance and payment, the Company retains the authority to reassess and, if deemed necessary, revoke a student's enrollment with an appropriate refund, subject to deductions for any services or products already furnished. Further, the Company may, at its discretion, terminate enrollment and issue refunds should it determine that its offerings do not align with the student's educational needs or objectives.
Prohibitions and Remedial Actions
Miss Lim.Mandarin, in collaboration with its affiliates, reserves the unequivocal right to impose access restrictions or 'Blocklist' individuals found to be in contravention of intellectual property rights, or those who otherwise engage in actions detrimental to the integrity, reputation, or operational efficacy of Edulearning Limited, Miss Lim.Mandarin, or MAMA™. Such measures shall persist until the implicated party is exonerated of the alleged infractions, with Edulearning Limited holding final authority over resolution and reinstatement decisions.
Obligations of Enrollees
Individuals who formalize their engagement with Edulearning Limited through financial transactions for the MAMA™ course ("Students" or "Customers") assume full responsibility for adhering to the financial commitments requisite for participation. This includes, but is not limited to, prompt settlement of balances due for securing available slots in live sessions (if available), ensuring access to the MAMA™ digital portal, and/or related educational services. Such responsibilities rest solely with the Students or Customers, absolving the Company and its personnel of any obligation to issue reminders or notifications regarding the aforementioned matters.
Certification
Certification by Edulearning Limited is contingent upon the successful completion of the MAMA™ final assessment by the participant. Said assessment must be undertaken within a timeframe designated by Edulearning Limited. Evaluation criteria and methodologies employed in the final assessment remain proprietary, with only the outcomes of such evaluations being communicated to participants. These outcomes are irrevocable, with no provision for appeal. Notwithstanding, participants are accorded the opportunity to undertake the final assessment anew, subject to a fee, exclusive to the reassessment process. Certificates shall be disseminated in digital format (PDF) exclusively.
Provision of Materials and Services
Edulearning Limited furnishes materials and services in alignment with the specific package procured by the client. These offerings are dispensed on a cohort-by-cohort basis, thereby subjecting them to variations across different masterclass iterations. The utilization of said materials is strictly limited to personal, non-commercial purposes. Unauthorized reproduction, distribution, or commercial exploitation of these materials is strictly prohibited and may invoke legal redress. Downloading of video content from the MAMA™ portal is expressly forbidden. Claims for materials or services not explicitly mentioned in masterclass briefings or correspondence are not entertained. Eligibility for lifetime access to the MAMA™ portal is contingent upon achieving a minimum score of band 5 or 6 in the final assessment and is subject to the discretion of the management team regarding participant suitability.
Freezing
The suspension of account access, herein referred to as 'freezing,' temporarily restricts access to the MAMA™ learning portal without affecting the remaining access duration. For instance, should a request for freezing be made with 100 days of access remaining, this duration remains static until access is reinstated. Account freezing is permissible on a singular occasion and is dissociated from financial arrangements or reimbursement policies. Importantly, such suspension does not impede the progression of the 14-day refund eligibility period from the date of portal access credentials issuance.
No Guarantees
Edulearning Limited, operating under Miss Lim.Mandarin and the MAMA™ brand, expressly states that it does not provide any guarantees concerning the outcomes or successes that users may achieve through the use of our Site, courses, or complimentary offerings. While our intention is to assist all our clients in achieving fluency in Mandarin, it is important to recognize that the effectiveness of our courses can vary greatly among individuals. We commit to providing the best possible guidance and resources, but ultimately, the extent of one’s success in learning Mandarin through our programs lies beyond our full control.
You acknowledge that your progress in Mandarin speaking skills or understanding, whether through actions taken or not based on the content provided by our Site or services, is not guaranteed by Miss Lim.Mandarin, Edulearning Limited, or the MAMA™ program. We assume no responsibility for any specific outcomes in your life or learning journey. Previous experiences with our services, even if successful, do not guarantee similar results in future engagements.
In summary, while we are dedicated to supporting your journey towards Mandarin proficiency and will provide comprehensive resources and support, we must clarify that we cannot promise specific results or outcomes from our courses and services.
Resolution of Disputes
In the event of disputes, including but not limited to grievances, assertions of customer entitlements, allegations of defamation, or violations of proprietary rights, Edulearning Limited shall pursue resolution through judicial proceedings. Legal counsel and, if necessary, law enforcement authorities may be engaged to facilitate the resolution process to the satisfaction of Edulearning Limited. All forms of communication, including textual, auditory, and visual records, may be retained by Edulearning Limitedas admissible evidence in legal proceedings.
Comprehensive Agreement
This document, along with any ancillary legal notices, policies, and guidelines promulgated by Edulearning Limited or contained herein, constitutes the exhaustive agreement between the user and Edulearning Limited concerning the user's interaction with the Site. This supersedes all preceding agreements, understandings, representations, and discussions between the parties, whether recorded in writing or orally conveyed. Amendments or modifications to this Agreement are reserved exclusively to the discretion of Miss Lim.Mandarin and Edulearning Limited.
Amendments to Terms of Use
The prerogative to amend, revise, or otherwise modify these Terms of Use at any juncture, without prior notification, is reserved solely to Miss Lim.Mandarin and Edulearning Limited. Continued use of the Site following any such adjustments signifies the user's binding acceptance of the updated Terms and Conditions.
Limitation of Liability and Indemnity
Miss Lim.Mandarin, along with its affiliates, shall not bear liability for any form of damage, including but not limited to loss of data, revenue, or interruption of business activities, stemming from the use or inability to utilize the Site's materials or content. This limitation applies irrespective of whether Miss Lim.Mandarin, Edulearning Limited, or MAMA™ has been informed of the potential for such damages, either orally or in written form. By using the Site, users agree to indemnify and hold harmless Miss Lim.Mandarin, Edulearning Limited, its directors, agents, employees, and affiliates against any liabilities, costs, and damages arising from claims related to the user's engagement with the Site.
With Love,
Miss Lim.Mandarin
Last Updated: 1st Jan 2024