General Terms and Conditions
The Academy is operated by Lucy Walker Jewellery PLT (LLP0011896-LGN) with a business address at 7A, Lorong Kurau, Taman Bukit Pantai, Bangsar, 59100 Kuala Lumpur ("Management”). The following terms and conditions (“Terms and Conditions”) shall apply generally to all subscriptions for courses or memberships at The Academy, together with any Specific Terms and Conditions (if applicable). These Terms and Conditions, the Specific Terms and Conditions (if applicable) and the registration form submitted (whether via online online or otherwise) by the subscriber shall form the full agreement between the subscriber and the Management (“Agreement”). The Management may amend and update these Terms and Conditions and/or the Specific Terms and Conditions from time to time. The Management may give notice of such amendments or updates in any manner it deems appropriate which shall include online publication at https://lucywalkerjewellery.com/. Continued participation in any classes or membership shall signify the subscriber's acceptance to the changes and updates to these Terms and Conditions and/or the Specific Terms and Conditions.
1. Subscription Terms
1.1 Subscription is personal to the subscriber and is non-assignable, non-transferable and non-refundable. A subscriber may not pass on his/her course reservation to be used by a third party.
1.2 All new subscriptions are subject to the approval of the Management. The Management reserves the right to reject an application for subscription to The Academy for any reason whatsoever.
2. Billing and Payments
2.1 Subscribers shall be charged according to the type of membership or courses subscribed.
2.2 Full payment of fees upon registration is required to confirm the subscriber’s space. Course spaces are treated on a first-come-first-serve basis.
2.3 Cancellations and refunds. No refunds of any payment made shall be permitted. Payment of any fees shall be forfeit if a Subscriber cancels their registration.
3. Subscriber’s Responsibilities
3.1 All subscribers shall:
3.1.1 promptly pay all amounts due to the Management as billed;
3.1.2 comply with all rules, notices or directions issued by the Management from time to time.
4. Termination and Consequences of Termination
4.1 The Management may terminate a subscriber’s subscription:
4.1.1 without notice and with immediate effect if a subscriber’s conduct, whether or not such conduct is the subject of complaint by another subscriber, is such that in the reasonable opinion of the Management, it is harmful to the character and/or interests of the Management;
4.1.2 without notice and with immediate effect if the subscriber shall have committed any breach of any rules or directives imposed by the Management from time to time; or
4.1.3 with seven (7) days’ notice if any invoice remains outstanding after the due date or where these Terms and Conditions have been breached and such breach is not rectified within the time stipulated by the Management.
4.2 Upon termination of a subscriber’s subscription, such subscriber shall become immediately liable for any and all outstanding amounts owed to the Management.
5. Disclaimer and Limitation of Liability
5.1 The Management shall not be liable for any loss and/or damage whether direct, indirect, consequential, incidental, punitive, aggravated or exemplary, including, without limitation, loss of profit, lost savings, and loss of revenues suffered by a subscriber or any third party or any injury caused to or suffered by a person or damage or loss to property arising from or occasioned by:
5.1.1 a subscriber’s participation in any courses, classes or sessions offered;
5.1.2 any malfunction or unauthorised use of the tools and equipment provided for whatever reasons; or
5.1.3 any act, omission, error, default or delay by the Management or its employees in relation to the operation of The Academy,
(collectively, the "excluded damages"), whether or not in tort, contract, or other theory of liability, even if the Management have been advised of the possibility of or could have foreseen any of the excluded damages, and irrespective of any failure of an essential purpose or a limited remedy.
5.2 The subscriber agrees that no claims will be made against the Management or its employees for any reason whatsoever. The Subscriber hereby holds the Management and its employees harmless from all claims which may be brought against them by or on a subscriber's behalf for any aforementioned claims..
6. Media Consent
6.1 The subscriber hereby grants to the Management the absolute and irrevocable right and unrestricted permission concerning any photographs and videos that the Management has taken or may take of the subscriber or in which the subscriber may be included with others, to use, reuse, publish, and republish the photographs and videos in whole or in part, individually or in connection with other materials, in any and all media now or hereafter known, including the internet, and for any purpose whatsoever, specifically including illustration, promotion, art, editorial, advertising, and trade, without restriction as to alteration.
6.2 The subscriber releases and discharges the Management from any and all claims and demands that may arise out of or in connection with the use of the photographs and videos, including but without limitation to any and all claims for libel or violation of any right of publicity or privacy including under the Personal Data Protection Act 2010. This authorisation and release shall also inure to the benefit of the heirs, legal representatives, licensees, and assigns of the Management. This release shall be binding upon the subscriber and hi/her heirs, legal representatives, and assigns.
7.1 Governing Law
This Agreement is governed by the laws of Malaysia and the parties submit to the exclusive jurisdiction of the Malaysian courts.
If any provision in this Agreement shall for any reason be held to be unenforceable, illegal or invalid in any respect, such unenforceability, illegality or invalidity shall not affect other provisions of this Agreement and this Agreement shall then be construed as if such unenforceable, illegal or invalid provision had never been contained herein.
7.3 Deemed Acceptance
The subscriber is deemed to have accepted the terms herein by:
7.3.1 submitting a registration for any courses or membership; or
7.3.2 participating in / attending any courses, classes or sessions offered by the Management.
Membership Specific Terms and Conditions
The following membership specific terms and conditions (“Specific Terms and Conditions”) shall apply where the subscriber has subscribed to any membership options offered by the Management and shall be read in addition to the Terms and Conditions above.
1. Membership Categories and Fees
1.1 The Management offers the following categories of membership :-
1.2 Memberships shall only be activated on the date of payment of the first Monthly Membership Fee or the Upfront Membership Fee, whichever is applicable.
1.3 Monthly Membership Fees shall be payable in advance at the beginning of each calendar month through the available payment methods offered by the Management.
1.4 Where applicable, members may opt to pay an Upfront Membership Fee instead of the Monthly Membership Fee.
1.5 Failure to utilise any membership benefits at The Academy does not eliminate the obligation to pay all fees in a timely manner.
1.6 Utilisation of the membership benefits is subject always to advance payment of the relevant Monthly Membership Fee or the Upfront Membership Fee, as the case may be. Members shall be automatically restricted from utilising the membership benefits where any Monthly Membership Fee or Upfront Membership Fee is outstanding.
1.7 The Management may terminate the subscriber’s membership where Monthly Membership Fees remain unpaid for two (2) months or more.
1.8 Subject to Clause 1.9 below, a subscriber may terminate his/her membership at any time by giving the Management at least thirty (30) days prior written notice.
1.9 Upon termination of membership under any circumstances:
1.9.1 For Subscribers Who Have Paid the Upfront Membership Fee:
(i) The Upfront Membership Fee is non-refundable due to the discount provided.
1.9.2 For Subscribers Paying the Monthly Membership Fee:
(i) The Monthly Membership Fee shall be payable until the date of termination of the membership;
(ii) Under a Contract Membership, if the membership is terminated prior to the expiry of the applicable contract period (whether due to the subscriber's request or default), the subscriber shall in addition to the forgoing sub-clause (i), be liable to pay to the Management early termination charges amounting to two (2) months' Monthly Membership Fees.
Last update: 25 November 2018