TERMS & CONDITIONS

TERMS & CONDITIONS

Last Updated: 10 Jan 2026

These Terms & Conditions (“Agreement”) govern your access to and use of any website, landing page, webinar, masterclass, workshop, bootcamp, course, educational program, mentorship, coaching service, community, materials, software tools, templates, recordings, bonuses, or related services (collectively, the “Program”) offered by Balaena Softtech Sdn Bhd (20190104025) of No. 13, Jalan Raja Bot 35/134, Alam Impian, Seksyen 35, 40470 Shah Alam, Selangor, Malaysia (“Company”, “we”, “our”, or “us”).

For clarity, Balaena Softtech Sdn Bhd is the merchant of record, service provider, and operations / fulfillment partner for the Program. Where applicable, Empact Group Sdn Bhd may act as the marketing partner for promotional, advertising, lead generation, or campaign support purposes only.

By registering, purchasing, paying, accessing, attending, or participating in any Program, you agree to be bound by this Agreement.

1. Definitions

For purposes of this Agreement:

“Program” means any course, workshop, webinar, mentorship, coaching, training, bootcamp, event, digital product, live session, recording, tool, resource, bonus, or service offered by the Company.

“Program Services” includes all live or recorded content, materials, templates, software access, tool access, community access, support, reminders, bonus items, and related deliverables.

“Participant”, “Student”, or “User” means the person who registers, purchases, accesses, or participates in the Program.

“Full Payment” means the total amount payable for the Program.

“Cooling-Off Period” means the limited cancellation period described in Clause 5, if applicable.

“Access” includes, without limitation, any one or more of the following:

(a) attending or joining any live session, webinar, workshop, coaching call, or event;

(b) being granted access to any portal, software, tool, resource page, recording, replay, template, bonus, or downloadable material;

(c) being added to or invited into any Telegram, WhatsApp, Discord, Facebook group, Skool, community, CRM workflow, or other communication or member platform;

(d) receiving login credentials, access links, joining instructions, onboarding materials, or implementation materials; or

(e) otherwise receiving any part of the Program Services.


2. Eligibility and Authority

By enrolling in the Program, you represent and warrant that:

you are legally capable of entering into a binding agreement;

- you are at least 18 years old;

- all information provided by you is true, accurate, and complete; and

- if enrolling on behalf of a company or other entity, you are authorized to bind that entity.

The Program is not intended for minors. We do not knowingly contract with individuals under 18 years old.


3. Enrolment and Payment

3.1 Enrolment is confirmed only upon receipt of the applicable payment required by the Company.

3.2 Where a deposit, installment, or partial payment arrangement is offered, the Company may withhold access to all or part of the Program until payment obligations are fully satisfied.

3.3 All fees are stated in the applicable currency shown at checkout, order form, or invoice and are exclusive of applicable taxes unless expressly stated otherwise.

3.4 You are responsible for ensuring that your payment details are accurate and that payment is successfully completed.

3.5 If any payment is overdue, rejected, reversed, disputed, or charged back, the Company may suspend or terminate your access to the Program without prejudice to any other rights or remedies.

3.6 The Company may use third-party payment processors, platforms, software systems, or service providers to facilitate payment collection, access delivery, communication, automation, and service administration.


4. Nature of the Program

4.1 The Program is provided for educational and informational purposes only.

4.2 Nothing in the Program constitutes financial advice, investment advice, legal advice, tax advice, regulated advisory services, or a guarantee of any specific outcome.

4.3 Any examples, case studies, demonstrations, backtests, hypothetical scenarios, simulations, testimonials, illustrations, software demonstrations, or performance references are for educational purposes only and do not guarantee future performance or results.

4.4 You remain solely responsible for your own decisions, actions, implementation, trading, investments, business conduct, and risk management.

4.5 Any software, tools, templates, calculators, dashboards, indicators, scripts, automations, or related resources provided in connection with the Program are ancillary or bonus support materials only unless expressly stated otherwise, and are provided on an “as is” basis.


5. Refund, Cancellation, Withdrawal, and Transfer Policy

5.1 Enrolment Commitment

4.1 The Program is provided for educational and informational purposes only.

4.2 Nothing in the Program constitutes financial advice, investment advice, legal advice, tax advice, regulated advisory services, or a guarantee of any specific outcome.

4.3 Any examples, case studies, demonstrations, backtests, hypothetical scenarios, simulations, testimonials, illustrations, software demonstrations, or performance references are for educational purposes only and do not guarantee future performance or results.

4.4 You remain solely responsible for your own decisions, actions, implementation, trading, investments, business conduct, and risk management.

4.5 Any software, tools, templates, calculators, dashboards, indicators, scripts, automations, or related resources provided in connection with the Program are ancillary or bonus support materials only unless expressly stated otherwise, and are provided on an “as is” basis.


5.2 Cooling-Off Period

A five (5) business day cooling-off period applies from the date of payment only if all of the following conditions are satisfied:

you have not accessed any Program Services;

- you have not attended or joined any live session;

- you have not received, unlocked, downloaded, or used any core materials, recordings, bonuses, templates, software, tools, or member access;

- you have not been added to any Program-related group, portal, or communication channel; and

- the applicable Program start date has not already commenced.

If you validly cancel within this cooling-off period and satisfy all conditions above, the Company may approve a refund less any non-recoverable payment processing fees, gateway charges, currency conversion fees, administrative charges, or third-party platform costs already incurred.


5.3 No Refund After Access or Use

After the cooling-off period, or once any Program Services have been accessed, used, attended, downloaded, claimed, delivered, activated, or made available to you, all payments are final and non-refundable.

Without limitation, no refunds, reversals, credits, discounts, downgrades, or extensions will be given for:

change of mind;

lack of time;

inability or failure to attend;

personal scheduling conflicts;

travel issues;

failure to read instructions;

failure to join calls, groups, portals, or platforms;

dissatisfaction based on subjective expectations;

lack of results, profits, or outcomes;

change in financial, business, personal, mental, or physical circumstances;

partial participation;

non-use of the Program;

failure to complete the Program; or

dissatisfaction with any bonus, software, tool, or ancillary component of the Program.

5.4 Digital Delivery and Consumption

You acknowledge and agree that the Program may include digital content, live instruction, downloadable resources, recordings, templates, tools, bonuses, community access, and other intangible items. Once Access is granted or any content is made available, the relevant part of the Program is deemed delivered and consumed.

5.5 Live Events and Missed Sessions

If you miss a live session, workshop, webinar, class, event, or coaching call for any reason, you remain fully responsible for the full Program fee. Missed attendance does not entitle you to any refund.

5.6 Transfer Requests

Transfer to another person may be allowed strictly at the Company’s sole and absolute discretion and is subject to management approval on a case-by-case basis.

Any approved transfer may be subject to:

identity verification;

administrative fees;

cut-off deadlines;

eligibility checks;

full settlement of outstanding payments; and

the replacement participant agreeing to this Agreement and any applicable program rules.

The Company is not obligated to approve any transfer request.

5.7 Rescheduling by Company

The Company may substitute speakers, trainers, facilitators, software elements, bonus items, scheduling, format, venue, platform, or content where reasonably necessary. Such changes do not entitle you to a refund, provided the overall Program or a substantially similar replacement is still delivered.

5.8 Promotional Bonuses and Complimentary Items

Any complimentary item, bonus, add-on, discount, software access, or promotional access provided as part of the Program forms part of the overall offer structure. Once any such item has been accessed, activated, claimed, or delivered, refund eligibility is further reduced or extinguished.

6. Chargebacks and Payment Disputes

6.1 You agree to contact the Company first to attempt a good-faith resolution before initiating any chargeback, payment reversal, dispute, or complaint with a bank, card issuer, payment gateway, or platform.

6.2 If you initiate a chargeback or payment dispute after receiving Access, attending, downloading, participating in, or otherwise benefiting from any Program Services, the Company reserves the right to:


suspend or terminate your access immediately;

deny future purchases;

revoke access to current and future Program Services;

recover the unpaid amount, collection costs, administrative fees, and reasonable legal or recovery expenses; and

submit evidence of this Agreement, access logs, attendance records, communications, delivery records, onboarding records, platform records, and other supporting material in defense of the dispute.

7. Intellectual Property

7.1 All Program content, materials, recordings, templates, documents, frameworks, slides, software, bonuses, tools, branding, systems, code, methods, and resources are owned by or licensed to the Company unless otherwise stated.

7.2 You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access the Program solely for your own personal or internal business educational use only.

7.3 You must not, without prior written consent:

  • copy, reproduce, republish, upload, post, transmit, distribute, or disclose Program content;

  • record, share, resell, sublicense, rent, or commercially exploit any part of the Program;

  • provide your login, credentials, or access to any third party;

  • modify, reverse engineer, decompile, or misuse any software, scripts, or tools provided;

  • use Program content to create competing products, services, courses, training, communities, or derivative works.

8. Confidentiality

8.1 The Program may include confidential, proprietary, or non-public information, including strategies, workflows, content, tools, code, frameworks, business processes, and participant discussions.

8.2 You agree to keep all such information confidential and not disclose it to any third party without prior written consent from the Company.

8.3 This clause survives termination, expiry, cancellation, or completion of the Program.

9. Participant Conduct

You agree that you will not:

  • use the Program for unlawful purposes;

  • infringe intellectual property rights;

  • harass, abuse, threaten, defame, or disrupt trainers, staff, contractors, partners, or participants;

  • upload malware, harmful code, unauthorized materials, or spam;

  • misuse community, platform, or support channels;

  • impersonate any person or misrepresent your identity; or

  • engage in behavior that may damage the Program, community environment, or Company reputation.

The Company may remove you from the Program, community, or any platform without refund if you breach this clause.

10. No Guarantee of Results

10.1 We do not guarantee any specific result, income, outcome, trading performance, profitability, skill level, certification result, business success, or personal transformation.

10.2 Your results depend on numerous factors outside our control, including your background, effort, judgment, implementation, discipline, market conditions, tools used, and risk tolerance.

11. Limitation of Liability

To the maximum extent permitted by law:

  • the Program is provided on an “as is” and “as available” basis;

  • the Company disclaims all warranties, whether express, implied, statutory, or otherwise, including fitness for a particular purpose, merchantability, availability, and non-infringement;

  • the Company shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages;

  • the Company shall not be liable for any loss of profits, income, business, goodwill, data, opportunity, expected savings, or trading losses;

  • the Company shall not be liable for downtime, interruption, delay, inaccessibility, or technical failure of any third-party software, communication platform, gateway, or service provider; and

  • the total aggregate liability of the Company arising out of or in connection with the Program shall not exceed the amount actually paid by you to the Company for the specific Program giving rise to the claim.

Nothing in this Agreement excludes liability that cannot lawfully be excluded under applicable law.

12. Indemnity

You agree to indemnify and hold harmless the Company, its directors, officers, employees, contractors, affiliates, service providers, partners, and representatives from and against any claims, losses, liabilities, damages, costs, and expenses arising from:

  • your breach of this Agreement;

  • your misuse of the Program;

  • your violation of law or third-party rights; or

  • your decisions, implementation, conduct, or actions based on the Program.

13. Suspension and Termination

The Company may suspend or terminate your access immediately, without refund, if:

  • your breach of this Agreement;

  • your misuse of the Program;

  • your violation of law or third-party rights; or

  • your decisions, implementation, conduct, or actions based on the Program.

Clauses relating to payment, refunds, chargebacks, confidentiality, intellectual property, limitations of liability, indemnity, and dispute resolution survive termination.

14. Privacy

Your use of the Program is also subject to our Privacy Policy.

15. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Malaysia.

The parties shall first attempt to resolve any dispute through good-faith discussions. If the dispute cannot be resolved amicably, the courts of Malaysia shall have exclusive jurisdiction, unless the Company elects another lawful forum for enforcement, recovery, or injunctive relief where permitted by law

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16. Changes to These Terms

We may update these Terms & Conditions from time to time by publishing the revised version on our website. Your continued access to or use of the Program after any update constitutes acceptance of the revised version.

17. Contact

Balaena Softtech Sdn Bhd (20190104025)

No. 13, Jalan Raja Bot 35/134,

Alam Impian, Seksyen 35,

40470 Shah Alam, Selangor, Malaysia

Email: [email protected]