Welcome to Shimmering Brook! These Terms of Service ("Terms") govern your use of our website shimmering-brook.com and all related services, features, and content provided by Shimmering Brook Education Sdn Bhd ("Company," "we," "us," or "our").
By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
1. Acceptance of Terms
1.1 Agreement to Terms
By accessing, browsing, or using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
1.2 Eligibility
To use our services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding agreements
- Not be prohibited from using our services under applicable law
- Provide accurate and complete information during registration
1.3 Corporate Use
If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Service Description
2.1 Platform Overview
Shimmering Brook provides an online education platform specifically designed for freelancers in Malaysia, offering:
- Online courses and training programs
- Digital learning materials and resources
- Community forums and networking opportunities
- Certification programs
- Career guidance and mentorship
- Industry insights and market analysis
2.2 Service Availability
We strive to maintain our services 24/7, but we do not guarantee uninterrupted access. Services may be temporarily unavailable due to:
- Scheduled maintenance
- Technical difficulties
- Force majeure events
- Third-party service interruptions
2.3 Service Modifications
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of services.
3. User Accounts
3.1 Account Creation
To access certain features, you must create an account by providing accurate, current, and complete information. You agree to:
- Provide truthful and accurate information
- Maintain and update your information as needed
- Keep your account credentials secure
- Notify us immediately of any unauthorized access
3.2 Account Security
You are responsible for:
- Maintaining the confidentiality of your password
- All activities that occur under your account
- Implementing reasonable security measures
- Reporting security breaches promptly
3.3 Account Sharing
Account sharing is prohibited. Each account is intended for use by a single individual. Sharing accounts may result in immediate termination of services.
4. Payment and Billing
4.1 Course Fees
Course fees are clearly displayed on our website and are subject to change. All prices are in Malaysian Ringgit (MYR) unless otherwise stated.
4.2 Payment Processing
We use secure third-party payment processors to handle transactions. By making a payment, you agree to the terms of our payment processors and authorize us to charge your chosen payment method.
4.3 Billing and Subscriptions
- Subscription fees are billed in advance
- You will receive email confirmation of charges
- Failed payments may result in service suspension
- You are responsible for keeping payment information current
4.4 Refunds and Cancellations
Our refund policy provides:
- 30-day money-back guarantee for first-time course purchases
- No refunds after 30 days from purchase date
- No refunds for courses with more than 50% completion
- Subscription cancellations take effect at the next billing cycle
4.5 Taxes
You are responsible for all applicable taxes related to your use of our services. Prices may be subject to applicable sales tax, GST, or other taxes as required by law.
5. User Conduct
5.1 Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You will not:
- Violate any applicable laws or regulations
- Infringe on intellectual property rights
- Transmit harmful, offensive, or inappropriate content
- Harass, threaten, or abuse other users
- Attempt to gain unauthorized access to our systems
5.2 Prohibited Activities
The following activities are strictly prohibited:
- Sharing course content without authorization
- Creating multiple accounts to circumvent restrictions
- Using automated tools to access our services
- Reverse engineering or attempting to extract source code
- Interfering with other users' access to services
5.3 Community Guidelines
When participating in community features:
- Be respectful and professional
- Stay on topic and provide value
- Respect cultural and religious differences
- Report inappropriate behavior
- Follow moderator guidance
5.4 Consequences of Violations
Violations may result in:
- Warning notifications
- Temporary suspension of access
- Permanent account termination
- Legal action where appropriate
6. Content and Intellectual Property
6.1 Our Content
All content on our platform, including courses, materials, text, graphics, logos, and software, is owned by Shimmering Brook or our licensors and is protected by intellectual property laws.
6.2 License to Use
We grant you a limited, non-exclusive, non-transferable license to access and use our content for personal educational purposes only. This license does not permit:
- Commercial use or redistribution
- Modification or derivative works
- Public display or performance
- Reverse engineering
6.3 User-Generated Content
When you submit content to our platform (comments, forum posts, etc.), you:
- Retain ownership of your content
- Grant us a license to use, display, and distribute it
- Represent that you have all necessary rights
- Agree that content may be moderated or removed
6.4 Copyright Infringement
We respect intellectual property rights and respond to valid DMCA notices. If you believe your copyrighted work has been infringed, please contact us with:
- Description of the copyrighted work
- Location of the infringing material
- Your contact information
- Good faith statement of unauthorized use
- Statement of accuracy under penalty of perjury
7. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.1 Data Collection and Use
We collect and use your information as described in our Privacy Policy to:
- Provide and improve our services
- Personalize your learning experience
- Communicate with you about our services
- Comply with legal obligations
7.2 Data Security
We implement appropriate technical and organizational measures to protect your personal information, but cannot guarantee absolute security.
8. Termination
8.1 Termination by You
You may terminate your account at any time by:
- Using the account deletion feature in your settings
- Contacting our support team
- Ceasing to use our services
8.2 Termination by Us
We may terminate or suspend your access immediately, without notice, for:
- Violation of these Terms
- Suspected fraudulent activity
- Non-payment of fees
- Abuse of our services or other users
8.3 Effect of Termination
Upon termination:
- Your access to services will cease immediately
- Your data may be deleted after a reasonable period
- Outstanding fees remain due and payable
- Certain provisions of these Terms survive termination
9. Disclaimers
9.1 Service Disclaimers
Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Continuous, uninterrupted, or error-free operation
- Accuracy, reliability, or completeness of content
9.2 Educational Disclaimers
While we strive to provide high-quality educational content:
- We do not guarantee specific learning outcomes
- Career success depends on many factors beyond our courses
- Content is for educational purposes only
- You should verify information independently
9.3 Third-Party Content
We may include links to third-party websites or services. We are not responsible for and do not endorse such third-party content.
10. Limitation of Liability
10.1 Limitation of Damages
To the maximum extent permitted by law, Shimmering Brook shall not be liable for:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, or business opportunities
- Data loss or corruption
- Interruption of business or services
10.2 Maximum Liability
Our total liability to you for all claims arising from or relating to these Terms or our services shall not exceed the amount you paid us in the twelve (12) months preceding the claim.
10.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless Shimmering Brook, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit or transmit
- Your negligent or wrongful conduct
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to conflict of law principles.
12.2 Jurisdiction
Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Kuala Lumpur, Malaysia.
12.3 Dispute Resolution
Before initiating formal legal proceedings, we encourage you to contact us to seek a resolution. Many disputes can be resolved through good faith discussions.
12.4 Time Limitation
Any claim or cause of action arising from these Terms must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.
13. Changes to Terms
13.1 Right to Modify
We reserve the right to modify these Terms at any time. Changes may be made to reflect:
- Changes in our services or business practices
- Legal or regulatory requirements
- Security or safety concerns
- User feedback and suggestions
13.2 Notice of Changes
We will provide notice of material changes by:
- Posting updated Terms on our website
- Sending email notifications to registered users
- Displaying prominent notices on our platform
- Providing reasonable advance notice when possible
13.3 Acceptance of Changes
Your continued use of our services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to changes, you should discontinue using our services.