Focus Psychology Academy’s (“FPA”) mission is to improve lives through psychology learning, training and consultation. We enable anyone to create and share educational courses (instructors) and to enroll in these educational courses to learn (students). We consider our model the best way to offer valuable psychology educational content to our users. We need rules to keep our platform and services safe for you, us and our student community. These Terms apply to all your activities on the FPA website and other related services (“Services”).
If you live in the foreign countries other than Malaysia, by agreeing to these Terms, you agree to resolve disputes with FPA through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.
Table of Contents
- Course Enrollment and Lifetime Access
- Payments, Credits, and Refunds
- Content and Behavior Rules
- FPA’s Rights to Content You Post
- Using FPA at Your Own Risk
- FPA’s Rights
- Miscellaneous Legal Terms
- Dispute Resolution
- Updating These Terms
- How to Contact Us
You need an account for purchasing and e-learning activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us (Contact us). You must have reached the age of consent for online services in your country to use FPA.
You need an account for purchasing and e-learning activities on our platform, including to purchase and enroll in a course. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
You may not share your account login credentials with anyone else. You are responsible for what happens with your account and FPA will not intervene in disputes between students who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us (Contact Us). We may request some information from you to confirm that you are indeed the owner of your account.
Students must be at least 18 years of age to create an account on FPA and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 16 in Malaysia), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a FPA account. If we discover that you have created an account that violates these rules, we will terminate your account.
- Course Enrollment and Lifetime Access
When you enroll in a course, you get a license from us to view it via the FPA Services and no other use. Don’t try to transfer or resell courses in any way. We grant you a lifetime access license, except when we must disable the course because of legal or policy reasons.
FPA fully own the license and to all the courses to students. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting a license from FPA to view the course via the FPA platform and Services, and FPA is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites).
In legal, more complete terms, FPA grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a FPA authorised representative.
We generally give a lifetime access license to our students when they enroll in a course. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons. The lifetime access is not applicable to add-on features and services associated with a course. For example, translation captions of courses may be disabled by instructors at any time, and instructors may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.
- Payments, Credits, and Refunds
When you make a payment, you agree to use a valid payment method.
The prices of courses on FPA are determined based on the terms of our Promotions Policy. In some instances, the price of a course offered on the FPA website may not be exactly the same as the price offered on our physical classes or any other future potential platforms, this is due to or in case of physical classroom or future potential platform providers’ pricing systems and their policies around implementing sales and promotions.
We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course. Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users. The price you see may include Malaysia implemented taxes, or tax may be added at checkout.
You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as iPay88, direct debit, or mobile wallet) for those fees. FPA works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure.
When you make a purchase, you agree not to use an invalid or unauthorised payment method. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (15) days of notification from us. We reserve the right to disable access to any course for which we have not received adequate payment.
3.3 Refunds and Refund Credits
If the course you purchased is cancelled or faulty with no recovery plan in place, you can request, within 10 days of your purchase of the course, that FPA apply a refund to your account. We reserve the right to apply your refund as an refund credit or a refund to your original payment method, at our discretion, depending on capabilities of our payment processing partners, the platform from which you purchased your course (website, classes or any future potential platforms), and other factors. No refund is due to you if you request it after the 10-day guarantee time limit has passed.
If a course you previously purchased is disabled for legal or policy reasons, you are entitled to a refund beyond the above 10-day limit. FPA also reserves the right to refund students in cases of suspected or confirmed account fraud.
If FPA decides to issue refund credit to your account, they will be automatically applied towards your next course purchase on our website, but can’t be used for purchases our physical classes or in any other future platforms. Refund credits may expire if not used within the specified period, and have no cash value, in each case unless otherwise required by applicable law.
At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund.
- Content and Behavior Rules
You can only use FPA for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, courses and other content you upload in line with these Terms and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.
You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of Malaysia and your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in, and to post reviews of courses. For certain courses, the instructor may invite you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.
FPA has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
- FPA’s Rights to Content You Post
You retain ownership of content you post to our platform. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
The content you post as a student remains yours. By posting courses and other content, you allow FPA to reuse and share it but you do not lose any ownership rights you may have over your content.
When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise FPA to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with FPA for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.
- Using FPA at Your Own Risk
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. FPA has no responsibility to keep such content from you and no liability for your access or enrollment in any course, to the extent permissible under applicable law. You acknowledge the inherent risks and dangers in the strenuous nature of our courses, and by enrolling in such courses you choose to assume those risks voluntarily. You assume full responsibility for the choices you make before, during, and after your enrollment in a course.
When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your personal information about you for your safety.
We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
- FPA’s Rights
We own the FPA platform and Services, including the website, present or future apps and services, and things like our logos, code, and content created by our employees. You can’t tamper with those or use them without authorisation.
All right, title, and interest in and to the FPA platform and Services, including our website, our existing or future applications, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by students) are and will remain the exclusive property of FPA and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of Malaysia. Nothing gives you a right to use the FPA’s name or any of the FPA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding FPA or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
You may not do any of the following while accessing or using the FPA platform and Services:
- access, tamper with, or use non-public areas of the platform (including content storage), FPA’s computer systems, or the technical delivery systems of FPA’s service providers.
- disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the FPA platform or Services.
- access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
- in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as FPA); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
- Miscellaneous Legal Terms
These Terms are like any other contract, and they have boring but important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.
8.1 Binding Agreement
You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with FPA. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
If you are an instructor accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorised to do so.
Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us.
If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (Course Enrollment and Lifetime Access), 5 (FPA’s Rights to Content You Post), 6 (Using FPA at Your Own Risk), 7 (FPA’s Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right. In legal, more complete language, the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will FPA or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
8.3 Limitation of Liability
There are risks inherent to using our Services, for example, if you enroll in a health and wellness course like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language, to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.
If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless FPA, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
8.5 Legal Actions and Notices
No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.
Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to firstname.lastname@example.org).
8.6 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
8.7 No Assignment
You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.
- Dispute Resolution
If there’s a dispute, we are happy to help resolve the issue.
This Dispute Resolution section applies only if you live in Malaysia. Most disputes can be resolved, so before bringing a formal legal case, please first try contacting us (Contact us link).
9.1 How does FPA resolves a dispute?
Upon receiving a dispute request, FPA will investigate the dispute case and based on the proof submitted by raiser, attempt to come to a fair resolution.
FPA will try to complete the investigation within 10 to 30 working days from the date dispute was raised. In the same time, raisers are advised to keep track of the case via their email in case our dispute agent needs clarification about the proof submitted or additional proof.
To understand better on the resolutions for various dispute cases, please refer to section 9.1a to 9.1b.
Once the case reached a conclusion, our dispute team will inform the raiser via email about the status of the case. Resolution decision will be stated to the raiser and action that will be taken within specified timeline will be detailed out to the dispute raiser.
9.1a Non-Receive Claim
A non-receive claim is raised against FPA when students after purchase and did not receive the access of our courses or received incomplete order from the case. In such case, buyer will need to provide proof of purchase to FPA’s representative while they raise this case.
The IT team of FPA will check the purchase record of dispute raiser, in the case of confirmed purchase, FPA’s IT team will the re-send the access of purchased course to dispute raiser. In the case of persistent non-receive by dispute raiser, FPA may offer refund credits for purchaser to exchange and purchase other courses, or provide off-line access to the courses, at our discretion.
9.1b Buyer Received Wrong / Damaged / Malfunctioned Item / Incomplete Order
Proof that is commonly required for such claim:
- Pictorial proof (Incomplete courses material, faulty courses material, purchase proof)
- Video proof (Malfunction courses material)
The IT team of FPA will check the purchase record of dispute raiser, in the case of confirmed purchase, FPA’s IT team will resolve the malfunctioned / damaged / incomplete cases or re-send the fully function access of purchased course to dispute raiser, within 15 working days. In the case of wrong order received, IT team of FPA will re-send the correct ordered courses to dispute raiser, within 15 working days.
9.2 Small Claims
Either of us can bring a claim in small claims court in Malaysia, as long as it qualifies to be brought in that court.
9.3 Going to Arbitration
If we can’t resolve our dispute amicably, you and FPA agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.
9.4 No Class Actions
We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.
Notwithstanding the “Updating these Terms” section below, if FPA changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing FPA written notice of such rejection by mail or hand delivery to FPA Attn: Legal, No.13A-1, Block A, Zenith Corporate Park, Jalan SS7/26, Kelana Jaya, 47301 Selangor, or by email from the email address associated with your Account to email@example.com, within 30 days of the date such change became effective, as indicated by the “last updated on” language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and FPA in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.
- Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and FPA reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
- How to Contact Us
The best way to get in touch with us is to contact us via email: firstname.lastname@example.org. We’d love to hear your questions, concerns, and feedback about our Services.
Thanks for learning with us!