MTC | Terms and conditions

WEBSITE TERMS AND CONDITIONS OF USE

MTC Intellectual Limited’s Disclosures

MTC Intellectual Limited's complete terms and conditions are contained below, but some important points for you to know before you access the Website or become a subscriber to the Services are set out below:

MTC Intellectual Limited may amend the Terms, the features of the Website or your Subscription at any time, by providing written notice to you.
Your Subscription is subject to a minimum term of 30 days.
Unless your Subscription is suspended or terminated in accordance with the Terms, your Subscription will roll over on an ongoing month basis, unless you cancel your Subscription by giving 48 hours’ notice prior to the expiry of the minimum term.
MTC Intellectual Limited will handle your personal information in accordance with our Privacy Policy.
Refunds of the Subscription Fee are covered by MTC Intellectual Limited’s refund policy.
MTC Intellectual Limited’s liability under the Terms is limited to resupplying of the Services to you, or, in its sole discretion, to repaying you the total amount of the Subscription Fee paid by you to MTC Intellectual Limited during the term of your Subscription.
MTC Intellectual Limited will not be liable for consequential loss, including any loss or corruption of data.
MTC Intellectual Limited may terminate your Subscription (for a reason other than your breach) at any time by giving 30 days’ notice to you.
You indemnify (or compensate) MTC Intellectual Limited, its affiliates, employees, agents, contributors, third party content providers and licensors against any breaches by you of clauses 5 (Prohibited uses) or 8 (Copyright and Intellectual Property).

Nothing in the Terms limit your rights under the Hong Kong Consumer Law.

About the Website
1. Welcome to https://mtceducation.asia/ (the 'Website'). The Website offers online courses for personal development (the 'Services').
2. The Website is operated by MTC Intellectual Limited (ABN 16 652 668 785) (‘MTC Intellectual Limited’, ‘we’, ‘us’ or ‘our’). Access to and use of the Website, or any of its associated Products or Services, is provided by MTC Intellectual Limited. Please read these terms and conditions (the 'Terms') carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of the Products or Services, immediately.
3. MTC Intellectual Limited reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MTC Intellectual Limited updates the Terms, it will provide you with 14 days' notice of updates to the Terms. Any changes to the Terms take immediate effect from the expiry of this notice period. If you do not agree to any changes to the Terms, you may cancel the Subscription, without penalty, by giving MTC Intellectual Limited written notice prior to the change taking effect. Before you continue, we recommend you keep a copy of the Terms for your records.
Acceptance of the Terms
1. You accept the Terms by using the Website or, if applicable, by clicking to accept or agree to the Terms where this option is made available to you by MTC Intellectual Limited in the user interface.
Subscription to use the Services
1. In order to access the Services via the Website, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). In order to purchase a Subscription, you must first be invited to the Website by a sponsor, who will provide you with a link or code. You must use this link or code when purchasing the Subscription.
2. In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your intended uses and purposes.
3. Unless the Subscription is suspended or terminated in accordance with the Terms, the Subscription will roll over on an ongoing monthly basis, and you will be charged the same Subscription Fee on an ongoing monthly basis from the first date of the Subscription. Without limiting your rights under the Hong Kong Consumer Law, you can cancel the Subscription at any time in accordance with the “Termination of Contract” clause 12 of the Terms, but the cancellation will only have effect from the expiry of the monthly period for which you have paid the Subscription Fee.
4. Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the 'Account').
5. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
  1. Password
  2. Email
6. You warrant that any information you give to MTC Intellectual Limited in the course of completing the registration process will always be accurate, correct and up to date.
7. Once you have completed the registration process, you will be a registered member of the Website ('Member'). As a Member, you will be granted immediate access to the Services from the time you have completed the registration process (including by making payment of the first installment of the Subscription Fee) until the subscription period expires (the 'Subscription Period').
8. You must not use the Services and must not accept the Terms if:
  1. you are not of legal age to form a binding contract with MTC Intellectual Limited; or
  2. you are a person barred from receiving the Services under the laws of Hong Kong or other countries including the country in which you are resident or from which you use the Services.
Your obligations as a Member
1. As a Member, you agree to comply with the following:
  1. you will use the Services only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions;
  2. you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
  3. any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MTC Intellectual Limited of any unauthorized use of your password or email address or any breach of security of which you have become aware;
  4. access and use of the Website is limited, non-transferable (unless we otherwise agree in writing), and allows for the sole use of the Website by you for the purposes of MTC Intellectual Limited providing the Services;
  5. you will not use the Services or the Website in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of MTC Intellectual Limited;
  6. you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
  7. you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by MTC Intellectual Limited for any illegal or unauthorized use of the Website;
  8. you acknowledge and agree that any automated use of the Website or its Services is prohibited;
  9. you must not use the Website to post any refer people to, or to attempt to sell, third party products or services.
Prohibited uses
1. When using the Website or the Services, you must not do or attempt to do anything that is unlawful or inappropriate, including:
  1. anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
  2. using the Website or the Services to defame, harass, threaten, menace or offend any person, including using the Website or the Services to send unsolicited electronic messages;
  3. tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
  4. using data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website; or
  5. facilitating or assisting a third party to do any of the above acts.
Payment
1. Where the option is given to you, you may make payment of the Subscription Fee by way of:
  1. Credit Card Payment ('Credit Card'); or
  2. any other payment option available on the Website.
2. All payments made in the course of your use of the Services are made using our third-party payment processor engaged. In using the Website, the Services, or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the third-party payment processor’s terms and conditions which are available on their website.
3. You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with us collecting or recovering the Subscription Fee.
4. You agree and acknowledge that MTC Intellectual Limited can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period. If you do not agree to the variation to the Subscription Fee, you may cancel the Subscription, without penalty and effective at the conclusion of the existing Subscription Period, by giving MTC Intellectual Limited written notice prior to the change taking effect.
5. MTC Intellectual Limited may, at its discretion, grant a 5-day grace period for late payments; however, any recurring or repeated failure to make payment by you may result in MTC Intellectual Limited suspending your Account or terminating these terms in accordance with clause 13.
Refund Policy
1. Please refer to MTC Intellectual Limited’s refund policy available on the Website for information on refunds of the Subscription Fee.
Copyright and Intellectual Property
1. The Website, the Services, and all of the related products of MTC Intellectual Limited are subject to copyright. The material on the Website is protected by copyright under the laws of Hong Kong and through international treaties. As between MTC Intellectual Limited and you, unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements, and interactive features) or the Services are owned or controlled for these purposes, and are reserved by MTC Intellectual Limited or its contributors.
2. As between MTC Intellectual Limited and you, all trademarks, service marks, and trade names are owned, registered and/or licensed by MTC Intellectual Limited, who grants to you a worldwide, non-exclusive, royalty-free, non-sublicensable, non-transferable, and revocable license whilst you are a Member, to:
  1. use the Website pursuant to the Terms;
  2. copy and store the Website and the material contained in the Website in your device's cache memory; and
  3. print pages from the Website for your own personal and non-commercial use.
3. MTC Intellectual Limited does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MTC Intellectual Limited.
4. As between MTC Intellectual Limited and you, MTC Intellectual Limited retains all rights, title, and interest (including intellectual property rights and moral rights) in and to the Website and all related Services. Nothing you do on or in relation to the Website, and nothing in the Terms, will transfer or assign any:
  1. business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright; or
  2. a right to use or exploit a business name, trading name, domain name, trademark, or industrial design;
  3. a thing, system, or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
5. MTC Intellectual Limited grants to you a worldwide, non-exclusive, royalty-free, non-sublicensable, non-transferable, and revocable license to its intellectual property rights in the Services whilst you have a Subscription that is paid up to date, so as to allow you to use and enjoy the benefits of the Services.
6. You may not, without the prior written permission of MTC Intellectual Limited and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third-party Services for any purpose, unless otherwise provided by the Terms. This prohibition does not extend to materials on the Website, which are freely available for reuse or are in the public domain.
7. You acknowledge and agree that data loss is an unavoidable risk when using any software. To the extent you input any data into the Website, you agree to maintain a backup copy of any data you input into the Website.
Privacy
1. MTC Intellectual Limited takes your privacy seriously, and any information provided through your use of the Website and/or Services is subject to MTC Intellectual Limited’s Privacy Policy, which is available on the Website.
General Disclaimer
1. Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Hong Kong Consumer Law (or any liability under them) which by law may not be limited or excluded.
2. Subject to clause 9.1, and to the maximum extent permitted by law, all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded.
3. To the maximum extent permitted by law, use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind.
Education Services
1. You represent, warrant, and agree that any information, advice, material, work, and services (including the Services and content on the Website) provided by MTC Intellectual Limited or its employees under the Terms does not constitute legal, financial, merger, due diligence, or risk management advice. By using our services, you agree that MTC Intellectual Limited is not to be held liable for any decisions you make based on any of our services or guidance.
Limitation of Liability
1. Despite anything to the contrary, and to the maximum extent permitted by law, MTC Intellectual Limited's total liability arising out of or in connection with the Services, the Website, and the Terms, however arising, will be limited to MTC Intellectual Limited resupplying the Services to you, or, in its sole discretion, to repaying you the total amount of the Subscription Fee paid by you to MTC Intellectual Limited during the term of your Subscription.
2. Despite anything to the contrary, and to the maximum extent permitted by law, neither MTC Intellectual Limited nor you will be liable for any special, indirect, or consequential loss or damage, including any real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, and/or loss or corruption of data, however arising.
Termination of Contract
1. The Terms will continue to apply until terminated by either you or by MTC Intellectual Limited as set out below or otherwise in accordance with these Terms.
2. If you want to terminate the Terms (including to cancel your Subscription), you may do so, effective immediately, by providing MTC Intellectual Limited with at least 48 hours’ written notice prior to the conclusion of the existing Subscription Period.
3. MTC Intellectual Limited may at any time, terminate the Terms for various reasons as outlined in the Terms.
Indemnity
1. To the maximum extent permitted by law, you agree to indemnify MTC Intellectual Limited, its affiliates, employees, agents, contributors, third-party content providers, and licensors from and against all actions, suits, claims, demands, liabilities, costs, expenses, loss, and damage incurred or suffered by any Indemnified Party arising out of or in connection with any breach by you of certain clauses in the Terms.
Dispute Resolution
1. Compulsory:
  If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
2. Notice:
  A party to the Terms claiming a dispute ('Dispute') has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
3. Resolution:
  On receipt of that notice ('Notice') by that other party, the parties to the Terms ('Parties') must:
  1. Within 7 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
  2. If for any reason whatsoever, 7 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Law Society of New South Wales;
  3. The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
  4. The mediation will be held in Hong Kong.
4. Confidential:
  All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
Venue and Jurisdiction
In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Hong Kong.
Governing Law
The Terms are governed by the laws of Hong Kong.Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Hong Kong, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns
Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable, and both parties have taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.
Third-Party Sites
The Website may contain links to websites operated by third parties. Unless MTC Intellectual Limited tells you otherwise, MTC Intellectual Limited does not control, endorse or approve, and is not responsible for, the content on those websites. MTC Intellectual Limited recommends that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not MTC Intellectual Limited.