Welcome to Optimal Systems Engineering (OPTIMISE) Sdn Bhd (the “Company”), a provider of energy-related training and consultancy services. By accessing or using the services provided by the Company (the “Services”), you (“you” or the “Client”) agree to comply with and be bound by the terms and conditions set forth in this agreement (the “Agreement”).
This Agreement is a legally binding contract between you and the Company. By using the Services, you acknowledge that you have read, understood, and agree to the terms and conditions contained herein. If you do not agree with any part of this Agreement, you must not use the Services.
The Company reserves the right to modify, amend, or replace this Agreement at any time. If changes are made, the updated Agreement will be posted on our website, and your continued use of the Services after such changes will constitute your acceptance of the revised terms.
2.1 By using the Services, you represent and warrant that you are at least 18 years old, legally capable of entering into binding agreements, and that all information you provide to the Company is true, accurate, and complete.
2.2 You agree to use the Services solely for lawful purposes and in accordance with this Agreement.
3.1 The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or professional use in accordance with this Agreement.
3.2 You are prohibited from scraping, copying, framing, or reverse engineering any part of the Services without the Company’s prior written consent. Any unauthorized use of the Services will result in the termination of this limited license.
3.3 The Company reserves all rights not expressly granted in this Agreement and may revoke this license at any time without notice.
4.1 You agree not to use the Services to engage in any illegal activities, including but not limited to violating applicable local, national, or international laws or regulations.
4.2 You agree not to:
5.1 The Services provided by the Company include professional training programs and consultancy services related to energy management, energy efficiency, and sustainability solutions.
5.2 While the Company endeavors to provide accurate and up-to-date information and training, you acknowledge that the content provided during training sessions or on the Company’s website is for general informational purposes only. The Company does not provide financial, legal, or investment advice.
5.3 The Company makes no warranties regarding the accuracy, completeness, or reliability of the information provided during training sessions or consultancy services. You are solely responsible for any decisions or actions you take based on the information provided.
6.1 To access certain parts of the Services, you may be required to create an account by providing personal information, including but not limited to your name, email address, and other relevant details. By creating an account, you agree to provide accurate and up-to-date information.
6.2 You are responsible for maintaining the confidentiality of your account credentials and for any activities that occur under your account. If you believe your account has been compromised, you must notify the Company immediately.
7.1 The Company may charge fees for certain Services, including training programs and consultancy services. Prices are subject to change without notice. Payments must be made in accordance with the terms set out on the Company’s website or within the individual service agreements.
7.2 Refunds for training and consultancy services will be considered on a case-by-case basis and are not guaranteed. Once a service has been provided, refunds may not be available unless required by law.
8.1 The content, materials, and technologies provided through the Services, including but not limited to training materials, tools, and processes, are the intellectual property of the Company or its licensors.
8.2 You may not copy, reproduce, modify, or distribute any content or materials provided through the Services without the prior written consent of the Company.
9.1 The Company does not guarantee the effectiveness or success of its training and consultancy services. Any reliance on the information provided through the Services is at your own risk.
9.2 To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, or consequential damages arising out of your use of the Services.
10.1 This Agreement shall be governed by and construed in accordance with the laws of Malaysia, without regard to its conflict of laws principles.
10.2 Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located in Malaysia.
11.1 The information provided on the OPTIMISE website is for educational and informational purposes related to energy training and consultancy services. You should consult with a qualified professional before making any investment or operational decisions.
11.2 There are inherent risks associated with the implementation of energy efficiency measures, renewable energy projects, or environmental consultancy services. OPTIMISE is not responsible for any financial or operational loss resulting from the use of information or services provided on its website.
11.3 OPTIMISE cannot guarantee the availability or accuracy of all website content at all times. Website functionality may be affected by various factors, including hardware, software, or connectivity issues. While contingency measures are in place, OPTIMISE is not responsible for system failures that result in loss or delay of services.
12.1 These Terms and Conditions become effective when you access the OPTIMISE website or use any of the services offered and continue until either party terminates the relationship.
12.2 OPTIMISE reserves the right to terminate access to the website and services at its sole discretion without prior notice.
12.3 Any termination will not affect obligations that have already been agreed upon, including payment for services rendered.
13.1 The OPTIMISE website and services are provided “as is” and “as available,” without any warranties, whether express or implied. OPTIMISE makes no representations about the reliability, accuracy, or completeness of the content on the website or the results of using its services.
13.2 OPTIMISE shall not be liable for any damages, including but not limited to indirect, incidental, special, or consequential damages, arising from the use of its services or website content. This limitation applies to any claims related to the use of information, consultancy services, or any technical issues experienced while accessing the website.
13.3 OPTIMISE is not responsible for any technical problems or delays caused by third-party systems, including payment gateways, internet service providers, or other external factors affecting website performance.
14.1 You agree to indemnify, and hold OPTIMISE, its directors, employees, and affiliates harmless from any claims, damages, or losses arising from your use of the website or services, including any breach of these Terms and Conditions or infringement of third-party rights.
14.2 OPTIMISE reserves the right to control its defense and choose legal counsel in the event of any claim requiring indemnification, and you agree to cooperate fully in the defense process.
15.1 Any disputes arising out of these Terms and Conditions, or the use of the website will be governed by the laws of Malaysia and will be resolved in a court of competent jurisdiction.
16.1 OPTIMISE shall not be liable for any delay or failure to perform due to events beyond its control, including but not limited to natural disasters, war, civil unrest, regulatory changes, or technical failures affecting the website or services.
17.1 All representations, warranties, and covenants made under these Terms and Conditions will survive the termination of the agreement, including but not limited to obligations related to indemnification.
18.1 If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions will remain in full force and effect.
19.1 You are not permitted to assign any rights or obligations under these Terms and Conditions without OPTIMISE’s prior written consent. OPTIMISE may assign its rights and obligations without restriction.
20.1 No waiver of any provision of these Terms and Conditions will be effective unless made in writing and signed by the party waiving the right.
21.1 These Terms and Conditions constitute the entire agreement between you and OPTIMISE regarding the use of its website and services and supersede any prior agreements or understandings.
22.1 You agree to provide accurate and up-to-date information for any services or transactions carried out through the OPTIMISE website. OPTIMISE reserves the right to limit or refuse services if discrepancies are found in the information provided.
23.1 The OPTIMISE website may contain links to third-party websites. These links are provided for convenience and do not imply endorsement by OPTIMISE. OPTIMISE is not responsible for the content, accuracy, or security of third-party websites.
24.1 Any disputes regarding payments made for OPTIMISE services must be addressed directly with OPTIMISE within 30 days of the transaction. OPTIMISE reserves the right to suspend or terminate accounts involved in disputed transactions.
The Company will provide specific guidelines for participation in its training programs and consultancy services. These guidelines are subject to change and will be communicated through the Company’s website or via email.
