Terms and Conditions

Thank you for using ILMU!

Thank you for joining our ILMU, a UMP Advanced digital learning platform to publish any courses or enroll in any courses in our course market. UMP Advanced ("UMP Advanced", "us", "our") at ILMU ("ILMU", "Platform”, “System”) respects the user (“customer”, “student”, “user”) privacy and wants the user to understand how UMP Advanced collects, uses, and shares data about the user. This Privacy Policy covers our data collection practices and describes the user rights to access, correct, or restrict our use of your personal data. Unless UMP Advanced links to a different policy or state otherwise, this Privacy Policy applies when the user visits or uses the ILMU website, mobile applications, APIs, or related services (the "Services"). By using the Services, the user agreed to the terms of this Privacy Policy. The user should not use the Services if the user does not agree with this Privacy Policy or any other agreement that governs the user use of the Services.

1.0 INFORMATION ON PERSONAL DATA

User data are collected directly based on the information that the user provided when registering and/or enrolled on the Services. Some data are collected automatically such as the device information used for registration and any related activities when using the Services.

1.1 USER PERSONAL DATA

Regardless of any types of the user activities when using the Services, all user related data are collected. To clarify this further, below are some examples to illustrate what kind of data is being recorded.

When a user create an account and use the Services, all data are stored and collected including:

ACCOUNT DATA

In order to use certain features (like enrolling in a course), a user account must be created. Each time the account is created and updated, all data is stored such as name, email address, password, gender, and date of birth. Each user is also assigned with a unique identifying number ("Account Data"). Users are responsible for ensuring the accuracy of the Personal Data when submitted to ILMU. Inaccurate information may affect the ability to use the Site, the information user receives when using the Site, and Our ability to contact the user

PORTFOLIO DATA

Users can choose to provide their own profile information like a photo, cover photo, and their names. These data will be displayed in ILMU and in our Services for recognition and identification purposes. Note that, the user under institution is compulsory to provide profile information such as matric number and use the official institution email to be collected for institution verification purposes.

ILMU portfolio also includes academic background and working experience as well as other possible information that can be/must be updated as required by any program or course which the user has been enrolled in.

SHARED CONTENT

Parts of the Services allow the users to interact with other users or share any of the user content publicly, which includes posting reviews on a course page, asking or answering questions, sending messages to students or instructors, or posting photos or other work and activities that the user uploads. Such shared content may be publicly viewable by others depending on where it is posted.

COURSE DATA

When a user enrolls in any courses, such information including the name of the courses, assignments, essay, quizzes or any kind of assessment activities or any general activities which the users involved through interactions with instructors, course facilitators, and other students will also be collected for institutions verifications purposes.

CONTENT ENROLLMENT

When a user enrolls in a course or other content, the user gets the license from us to view it via the ILMU Services and no other use. Do not try to transfer or resell content in any way. UMP Advanced generally grants the user a lifetime access, except when UMP Advanced must disable the content because of legal or policy reasons or for enrollments via Subscription Plans.

STUDENT PAYMENT DATA

When a user purchases any course in the Services, the user data is also collected during purchase (such as user name and postal / zip code) which are necessary to process the order. Users must provide all required information upon payment and billing directly to our payment processing partners, including the name, credit card information, billing address, and postal / zip code. For security reasons, UMP Advanced does not collect or store the user cardholder data, such as full credit card numbers or card authentication data.

INSTITUTION & INSTRUCTOR PAYMENT DATA

If the users are an institution partner or verified instructor, UMP Advanced will collect and set up a payment account to the Services to receive payments. Each time a user links a payment account, user information is being collected, including user payment account email address, account ID, physical address, or any data necessary for UMP Advanced to send payments to the user account. In order to comply with the applicable laws, UMP Advanced also works with trusted third parties who collect tax information as legally required. For security purposes, UMP Advanced does not collect or store sensitive bank account information. The collection, usage, and disclosure of the user payment, billing, and taxation data are subjected to the privacy policy and other terms of the user payment account provider.

EVENT, PROMOTIONS, AND SURVEYS

UMP Advanced may invite the users to complete a survey or participate in a promotion (such as a contest, event, or challenge), either through the Services or from a third-party platform. If the users participate, UMP Advanced collects and stores the data provided by users such as users name, email address, date of birth, and phone number. That data is subject to this Privacy Policy unless otherwise stated in the official rules of the promotion or in another privacy policy. The data collected will be used to administer the promotion or survey, including for notify winners and rewards distribution. To receive a reward, the users may be required to allow us to post some of your information publicly (like on a winner’s page). If a third-party platform administers a survey or promotion, the third party’s privacy policy will apply.

COMMUNICATIONS AND SUPPORT

If a user contacts UMP Advanced for support or to report a problem or concern (regardless of whether the user have created an account or not), UMP Advanced collect and store the user contact information, messages, and other data about the user such as user name, email address, location, operating system, IP address, and any other data that the user provides or that UMP Advanced collect through automated means (which is cover below). UMP Advanced utilizes this data to respond to the user and research the user question or concern, in accordance with this Privacy Policy.

The data listed above is stored by UMP Advanced and associated with the user account.

1.2 COLLECTED DATA THROUGH AUTOMATED MEANS

When the user access the Services (including browsing courses), UMP Advanced collect certain data by automated means, including the following:

SYSTEM DATA

Technical data about user computers or devices, such as user IP address, device type, operating System type, and version, unique device identifiers, browser, browser language, domain, and other Systems data, and platform types ("System Data").

USAGE DATA

Usage statistics about the user interactions with the Services, including courses accessed, time spent on pages or the Service, pages visited, features used, user search queries, click data, date and time, and other data regarding the user usage of the Services ("Usage Data").

APPROXIMATE GEOGRAPHIC DATA

An approximate geographic location, including information like country, city, and geographic coordinates, calculated based on the user IP address.

The data listed above is collected through the use of server log files and tracking technologies, as detailed in the “Cookies and Data Collection Tools” section below. It is stored by UMP Advanced and associated with the user's account

1.3 HOW UMP ADVANCED GET DATA ABOUT USER?

UMP Advanced uses tools like cookies, web beacons, analytics services, and advertising providers to gather the data listed above. Some of these tools offer the user the ability to opt-out of data collection.

1.4 COOKIES AND DATA COLLECTION TOOLS

As detailed in our Cookie Policy, ILMU and service providers acting on our behalf (like Google Analytics and third-party advertisers) use server log files and automated data collection tools like cookies, tags, scripts, customized links, device or browser fingerprints, and web beacons (together, "Data Collection Tools"") when the user access and use the Services. These Data Collection Tools automatically track and collect certain System Data and Usage Data when users use the Services. In some cases, UMP Advanced ties data gathered through those Data Collection Tools to other collected data as described in this Privacy Policy.

Cookies (small files that websites send to your device to uniquely identify your browser or device or to store data in your browser) are used for things like analyzing the users usage of the Services, personalizing the user experience, making it easier to log into the Services, and recognizing the users when they return. Web beacons (small objects that allow us to measure the actions of visitors and users using the Services) is used for things like identifying whether a page was visited, identifying whether an email was opened, and advertising more efficiently by excluding current users from certain promotional messages or identifying the source of a new mobile app download.

1.5 ILMU USES THE FOLLOWING TYPES OF COOKIES:

Preferences: cookies that remember data about the user browser and preferred settings that affect the appearance and behaviour of the Services (like the user preferred language).

Security: cookies that remember data about the user browser and preferred settings that affect the appearance and behaviour of the Services (like the user preferred language).

Functional: cookies that store functional settings (like the volume level the user set for video playback).

Session State: cookies that track the user interactions with the Services to help UMP Advanced improve the Services and the user browsing experience, remember the user login details, and enable processing of the user course purchases. These are strictly necessary for the Services to work properly, so if the users disable them then certain functionalities will break or be unavailable.

Users are eligible to set your web browser to alert themselves about attempts to place cookies on the user computer, limit the types of cookies the users allow, or refuse cookies altogether. Once set, the user is not able to use some or all features of the Services, and your experience may be different or less functional.

Some of the third-party partners who provide certain features on our site may also use Local Storage Objects (also known as flash cookies or LSOs) to collect and store data.

2.0 WHAT UMP ADVANCED USE YOUR DATA FOR

UMP Advanced uses the users data to do things like provide our Services, communicate with the users, troubleshoot issues, secure against fraud and abuse, improve and update our Services, analyze how people use our Services, serve personalized advertising, and as required by law or necessary for safety and integrity. UMP Advanced use the collected data through the user usage of the Services to:

• ●Provide and administer the Services, including to display customized content and facilitate communication with other users;
• ●Process user requests and orders for courses, products, specific services, information, or features;
• ●Communicate with the user about the user account by;
• ●Responding to the user questions and concerns;
• ●Sending the user administrative messages and information, including messages from instructors and teaching assistants, notifications about changes to our Service, and updates to our agreements;
• ●Sending the user information and in-app messages about the user progress in courses, rewards programs, new services, new features, promotions, newsletters, and other available courses (which the user can opt-out of at any time);
• ●Sending push notifications to the user wireless device to provide updates and other relevant messages (which user can manage from the “options” or “settings” page of the mobile app);
• ●Manage the user account preferences;
• ●Facilitate the Services’ technical functioning, including troubleshooting and resolving issues, securing the Services, and preventing fraud and abuse;
• ●Solicit feedback from users;
• ●Market and administer surveys and promotions administered or sponsored by ILMU;
• ●User can learn more about themselves by linking their data with additional data through third-party data providers or analyzing the data with the help of analytics service providers;
• ●Identify unique users across devices;
• ●Tailor advertisements across devices;
• ●Improve our Services and develop new products, services, and features;
• ●Analyze trends and traffic, track purchases, and track usage data;
• ●Advertise the Services on third-party websites and applications;
• ●As required or permitted by law; or
• ●As UMP Advanced, in UMP Advanced sole discretion, otherwise determined to be necessary to ensure the safety or integrity of our users, employees, third parties, the public, or our Services.

2.1 USER DATA SHARING

UMP Advanced share certain data about the user with ERP owner, institution partner and verified instructor who being assigned as course facilitator, ILMU social buddy circle, companies performing services for UMP Advanced, our business partners, analytics and data enrichment providers, companies helping us running promotions and surveys, and advertising companies who help us promote our Services. UMP Advanced may also share the user data as needed for security, legal compliance, or as part of a corporate restructuring. Lastly, UMP Advanced shares data in other ways if it is aggregated or de-identified or if the user consent has been received.

UMP Advanced may share the user data with third parties under the following circumstances or as otherwise described in this Privacy Policy:

With user Institute and Instructors: UMP Advanced shares the user data with instructors or teaching assistants for courses which the users enroll in or request information about, so they can improve their courses for the students. This data may include things like the users city, country, and the users activities on ILMU. UMP Advanced may also share if additional data about the users are collected (like age or gender). UMP Advanced will not share the user email addresses with instructors or teaching assistants.

With Other Students and Instructors: Depending on the user's own settings, the user shared content, and profile data may be publicly viewable, including other students and instructors. If a user asks a question to an instructor or teaching assistant, the user information (including the user name) may also be publicly viewable by other users depending on your settings.

With Service Providers, Contractors, and Agents: UMP Advanced shares the user data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing, and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access the user personal data and are required to use it solely as UMP Advanced direct, to provide our requested service.

With Service Providers, Contractors, and Agents: UMP Advanced shares the user data with third-party companies who perform services on our behalf, like payment processing, data analysis, marketing, and advertising services (including retargeted advertising), email and hosting services, and customer services and support. These service providers may access the user personal data and are required to use it solely as UMP Advanced direct, to provide our requested service.

To Administer Promotions and Surveys: UMP Advanced may share the user data as necessary to administer, market, or sponsor promotions and surveys the user choose to participate in, as required by applicable law (like to provide a winners list or make required filings), or in accordance with the rules of the promotion or survey.

For Advertising: If UMP Advanced decides to offer advertising in the future, UMP Advanced may use and share certain System Data and Usage Data with third-party advertisers and networks to show general demographic and preference information among our users. UMP Advanced may also allow advertisers to collect System Data through Data Collection Tools, and to use this data to offer the user targeted ad delivery to personalize the user experience (through behavioural advertising) and undertake web analytics. Advertisers may also share with UMP Advanced the data they collect about the users.

For Security and Legal Compliance: UMP Advanced may disclose the user data to third parties if UMP Advanced (in our sole discretion) have a good faith belief that the disclosure is:

• ●Permitted or required by law;
• ●Requested as part of a judicial, governmental, or legal inquiry, order, or proceeding;
• ●Reasonably necessary as part of a valid subpoena, warrant, or another legally-valid request;
• ●Reasonably necessary to enforce our Terms of Use, Privacy Policy, and other legal agreements;
• ●Required to detect, prevent, or address fraud, abuse, misuse, potential violations of law (or rule or regulation), or security or technical issues; or
• ●Reasonably necessary in our discretion to protect against imminent harm to the rights, property, or safety of ILMU, our users, employees, members of the public, or our Services.

UMP Advanced may also disclose data about the users to our auditors and legal advisors in order to assess our disclosure obligations and rights under this Privacy Policy.

During a Change in Control: If ILMU undergoes a business transaction like a merger, acquisition, corporate divestiture, or dissolution (including bankruptcy), or a sale of all or some of its assets, UMP Advanced may share, disclose, or transfer all of the user data to the successor organization during such transition or in contemplation of a transition (including during due diligence).

After Aggregation/De-identification: UMP Advanced can disclose or use aggregate or de-identified data for any purpose.

With Your Permission: with the user consent, UMP Advanced may share data with third parties outside the scope of this Privacy Policy.

2.2 SECURITY

UMP Advanced uses appropriate security based on the type and sensitivity of data being stored. As with any internet-enabled System, there is always a risk of unauthorized access, so it’s important to protect the user's passwords and to contact UMP Advanced if the user suspects any unauthorized access to the user account.

ILMU takes appropriate security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal data that UMP Advanced collects and stores. These measures vary based on the type and sensitivity of the data. Unfortunately, however, no System can be 100% secured, so UMP Advanced cannot guarantee that communications between the user and ILMU, the Services, or any information provided to us in connection with the data UMP Advanced collects through the Services will be free from unauthorized access by third parties. In fact, ILMU is a Moodle-based System and the security will be mainly under Moodle concerns as well. Besides, as the ILMU is using Google cloud services, the data is secured under their services. In addition, the User password is an important part of the UMP Advanced security System, and it is the user's responsibility to protect it. Users should not share passwords with any third party, and if the users believe the password or account has been compromised, users should change it immediately and contact ILMU Technical Support with any concerns.

3.0 USER RIGHTS

Users have certain rights around the use of their data. Users can update your account from within our Services, and can also contact UMP Advanced for individual rights requests about the user's personal data. Parents who believe UMP Advanced unintentionally collected personal data about their underage child should contact us for help deleting that information.

3.1 ACCESSING, UPDATING, AND DELETING USER PERSONAL DATA

Users can access and update your personal data that ILMU collects and maintains by logging into the account and updating the portfolio at any time.

3.2 UPDATES & CONTACT INFO

When UMP Advanced makes any changes to this policy, notification will be issued to the users via email, in-product notice, or another mechanism, required by law. Changes become effective the day they’re posted. Please contact UMP Advanced via email or postal mail with any questions, concerns, or disputes.

3.3 MODIFICATION TO THIS PRIVACY POLICY

From time to time, UMP Advanced may update this Privacy Policy. If UMP Advanced makes any material change to it, notifications will be sent via email, through a notification posted on the Services, or as required by applicable law. UMP Advanced will also include a summary of the key changes. Unless stated otherwise, modifications will become effective on the day they are posted.

As permitted by applicable law, if the users continue to use the Services after the effective date of any change, then the user access and/or use will be deemed an acceptance of (and agreement to follow and be bound by) the revised Privacy Policy. The revised Privacy Policy supersedes all previous Privacy Policies.

COOKIE POLICY

1.0 WHAT ARE COOKIES?

Cookies are small text files stored by a browser as the users browse the internet. They can be used to collect, store, and share data about the user activities across websites, including on ILMU. Cookies also allow UMP Advanced to remember things about the user visits to ILMU, like the user preferred language, and to make the site easier to use.

UMP Advanced uses both session cookies, which expire after a short time or when the users close the browser, and persistent cookies, which remain stored in the browser for a set period of time. UMP Advanced uses session cookies to identify the users during a single browsing session, like when the users log into ILMU. UMP Advanced uses persistent cookies to identify the user over a longer period, like when the users request that UMP Advanced keep the users signed in.

2.0 WHY DOES ILMU USE COOKIES AND SIMILAR TECHNOLOGIES?

UMP Advanced uses cookies and similar technologies like web beacons, pixel tags, or local shared objects (“flash cookies”), to deliver, measure, and improve our services in various ways. UMP Advanced uses these cookies both when the users visit our site and services through a browser and through UMP Advanced mobile app. As UMP Advanced adopts additional technologies, UMP Advanced may also gather additional data through other methods.

UMP Advanced use cookies for the following purposes:

• ●Authentication and security
• ●To log the user into ILMU
• ●To protect the user security
• ●To help detect and fight spam, abuse, and other activities that violate ILMU's agreements
• ●For example, cookies help authenticate the user access to ILMU and prevent unauthorized parties from accessing the user accounts
• ●Preferences
• ●To remember data about the user browser and the user preferences
• ●To remember the user settings and other choices the user made
• ●For example, cookies help UMP Advanced remember the user's preferred language or the country the user originated from, so UMP Advanced can provide content in the user preferred language without asking each time a user visits
• ●Analytics and Research
• ●To help UMP Advanced improve and understand how people use ILMU

For example, cookies help UMP Advanced test different versions of ILMU to see which features or content the users prefer, web beacons help determine which email messages are opened, and cookies determine the user interactions with ILMU, like the links the user clicks on.

INTELLECTUAL PROPERTY POLICY

ILMU is a technology platform that enables anyone anywhere to create and share educational courses. UMP Advanced hosts our institution partner and verified instructor courses on our online course market. Our course market model means UMP Advanced do not review or edit the courses for legal issues, and are not in a position to determine the legality of course content. However, it is important to UMP Advanced that institution partners and verified instructors posting courses on ILMU respect the intellectual property of others. When institution partners and verified instructors post courses on our course market, they make the promise that they have the necessary authorization or rights to use all the content contained in their courses.

Infringing activity is not tolerated on or through our platform.

This policy addresses what we do in the event of copyright infringement reports from content owners and trademark infringement claims from trademark owners with respect to the courses on the ILMU platform. The policy also addresses what UMP Advanced does when ILMU institution partners and verified instructors’ courses are copied on third-party platforms without their consent.

1.0 THIRD-PARTY COPYRIGHT INFRINGEMENT REPORTS

ILMU’s policy is to remove courses from our service when they are reported as infringing on a copyright infringement notice received from the owner of the original content. It is also our policy to remove all courses from any instructor who is determined to be a repeat infringer (for whom ILMU has received more than two valid takedown notices). UMP Advanced reserves the right to terminate an instructor’s account at any time, including when they post content in violation of the copyrights of others.

1.1 HOW TO FILE A REPORT

If user would like to report a course on the ILMU course market and if the users are the owner or the designated agent of the owner of the rights to the content that the user believe the course is infringing, the most efficient way is to send us an official email at ilmu-support@umpadvanced.edu.my. Before the user submit a copyright infringement report, please remember these important things:

1. UMP Advanced cannot process a copyright claim that is not submitted by the owner of the copyright or its designated agent. This is because UMP Advanced does not hold any details and information on the course content whether the instructor who published the reported course has received proper permission from the original owner to use the content. UMP Advanced will ask the users to provide an electronic signature to confirm that the user is the copyright owner or have the authority to represent the copyright owner (including if the copyright owner is an organization).

User copyright claim has to be sufficiently substantiated for UMP Advanced to be able to address it. This means:

• ●Users provide sufficient information to UMP Advanced for contact purposes including the user's full legal name, an email address, physical address, and (optional) telephone number.
• ●If a user is filing a report on behalf of an organization, the user must include the name of the organization and the user relationship to the organization.
• ●User precisely identify the original copyrighted material or, if multiple copyrighted works are covered in the user notification, the user provide a sufficiently representative list of such original material (such as a URL where the material is located);
• ●User provides sufficient information to UMP Advanced to locate the reportedly infringing course(s) on the ILMU site (the URL on our website and the exact name of the course and instructor;
• ●User add a statement saying: “I declare, under penalty of perjury, that the information in this complaint is accurate and that I am the copyright owner or am authorized to act on the copyright owner's behalf and I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”.

3. Knowingly submitting a false or misleading claim of infringement is illegal and the user could be held liable and have to pay damages as a result. ILMU reserves the right to seek damages from anyone who submits a notification of claimed infringement in violation of the law.

4. There are types of content that are not protected by copyright. Copyright law does not cover short phrases (like business names, book titles, and slogans), intangible concepts (like processes, ideas, and recipes), or facts. Before the user submit a copyright claim, make sure that the content copied in the course is indeed protected by copyright.

5. Consider whether the use of the user material in the course is “fair use”. Copyright law includes a “fair use” exception for certain uses of copyrighted content that are considered to be in the public interest. Fair use covers things like criticism, commentary, news reporting, and research. In considering whether a course’s use of the user material qualifies as fair use, the user should look at:

• ●The purpose of the use (whether the course is paid or unpaid, whether the course critiques/parodies/transforms the user material).
• ●The type of copyrighted work being used (whether the user work is factual or creative).
• ●The portion being used (whether the course uses small, necessary excerpts of the user material or substantial portions of it).
• ●The effect on the market for the user material (whether potential buyers would purchase the course instead of your material.
• ●Before the user submit a copyright claim, make sure that the use of the content copied in the course does not qualify as fair use.

1.2 COUNTER-NOTIFICATION

If UMP Advanced receives a valid copyright violation report, UMP Advanced will send a copy of that report to the instructor who posted the reported course along with a notification that the course was reported for copyright infringement. UMP Advanced will remove the course from the ILMU platform. UMP Advanced will also attach a form that the instructor must fill in and send back to UMP Advanced to submit a counter-notification. If a user course has been reported for copyright infringement and has been removed from the ILMU platform, and if the users believe UMP Advanced made a mistake or that the user has permission from the owner of the reported content to use such content in the user course, then the users may send us a counter-notification.

The best way to provide UMP Advanced with a counter-notification is to send an official email at ilmu-support@umpadvanced.edu.my, UMP Advanced provided the user and send it back to the ILMU designated agent or the copyright team member who notified the user. To be effective, a counter-notification must be in writing and include the following information:

User physical or electronic signature;

User name, address, and email address or telephone number,

Identification of the course that was removed and the location (URL) at which it appeared before it was removed (the user can access this information from the copyright infringement report filed against your course, UMP Advanced always attach a copy when UMP Advanced notify the user);

Knowingly submitting a false or misleading counter-notification to a claim of infringement is illegal and the user could be held liable and have to pay damages as a result. ILMU reserves the right to seek damages from any party that submits a counter-notification of claimed infringement or counter-notification in violation of the law.

1.3 REPORTS FROM INSTITUTION PARTNER AND VERIFIED INSTRUCTOR OF INFRINGING CONTENT ON OTHER PLATFORMS

UMP Advanced understands that when the users post and make available the user courses on the ILMU course market, the users want to make sure that their courses are not offered on another platform without their permission. To help combat copyright infringement and piracy affecting courses of UMP Advanced institution partners and verified instructors, UMP Advanced partnered with an anti-piracy vendor, to seek out and find instances of infringement and to have any infringing content removed from third-party platforms.

In the event the users find their course available on another platform without their permission, please send UMP Advanced an official email at ilmu-support@umpadvanced.edu.my. The anti-piracy vendor will file copyright infringement reports and exercise legal actions to have the infringing content removed as soon as possible. Please keep in mind that since ILMU and anti-piracy vendors do not control the content on other sites, UMP Advanced may not always be successful, especially if the user content is on a site outside of Malaysia. Certain countries take different approaches to copyright law; as such, UMP Advanced cannot guarantee the infringing party or hosting site will comply with our notices and remove the infringing content from their platform.

1.4 THIRD-PARTY TRADEMARK INFRINGEMENT REPORTS

ILMU’s policy is to remove courses from UMP Advanced service when they are reported as infringing on a third-party trademark. UMP Advanced also reserves the right to terminate an instructor’s account at any time, including when they post content in violation of the trademark rights of others. How to submit a trademark infringement report?

The fastest and easiest way to submit a report of trademark infringement to us is to send a notice to the Designated Agent through official email at ilmu-support@umpadvanced.edu.my, containing the information identified below. Please note that a copy of the user notice will be sent to the party who posted the content that the users are reporting. Before user submit a trademark infringement report, please remember these important things:

User trademark claim has to be sufficiently substantiated for UMP Advanced to be able to address it. This means that the user communication must include substantially the following:

• ●User complete contact information (full name, mailing address, and email or phone number).
• ●The specific word, symbol, etc. for which you claim trademark rights.
• ●The basis for the user claim of trademark rights (such as a national or community registration), including registration number, if applicable.
• ●The country or jurisdiction in which the user claims trademark rights.
• ●The category of goods and/or services for which the user asserts rights.
• ●Sufficient information for UMP Advanced to locate the material on ILMU that the user believes violates your trademark rights (web addresses/URLs of the allegedly infringing content).
• ●A description of how you believe this content infringes on the user trademark.
• ●If the user is not the rights holder, an explanation of the user relationship to the rights holder.
• ●The following statement: "I have a good faith belief that use of the trademark as described above in the manner complained of is not authorized by the trademark owner, its agent, or the law."
• ●The following statement: "The information in this notice is accurate, and I declare, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner of a trademark that is allegedly infringed."
• ●The user electronic signature ("/s/" followed by your full name, e.g., "/s/ Alex Doe") or physical signature.

2. Submitting a false or misleading claim of infringement could result in liability for the user. ILMU reserves the right to seek damages from any party that submits a false or misleading notification of claimed trademark infringement.

3. Consider whether the use of the user trademark in the course is "nominative fair use". Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. Most countries' laws include an exception for "fair use", which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course. Before you submit a trademark claim, make sure that the use of your trademark in the course does not qualify as fair use.

2.0 CONFIDENTIALITY

a) Scope of Confidentiality.

Each party agrees that all code, inventions, know-how, or business, technical, and financial information disclosed to such party ("Receiving Party") by the disclosing party ("Disclosing Party"), constitute the confidential information of the Disclosing Party ("Confidential Information"), provided that it is either identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential due to the nature of the information disclosed. Personal Data is considered Confidential Information. Confidential Information will not, however, include any information that: (1) was publicly known and made generally available in the public domain prior to the time of disclosure by the Disclosing Party, (2) becomes publicly known and made generally available after disclosure by the Disclosing Party to the Receiving Party through no action or inaction of the Receiving Party, (3) is already in the possession of the Receiving Party at the time of disclosure by the Discloser, (4) is obtained by the Receiving Party from a third party without a known breach of the third party’s obligations of confidentiality, or (5) is independently developed by the Receiving Party without the use of or reference to the Confidential Information. The Disclosing Party may disclose the Receiving Party’s Confidential Information if required by law so long as the Receiving Party gives the disclosing party prompt written notice of the requirement prior to the disclosure and assistance in obtaining an order protecting the information from public disclosure.

b) Non-Use and Non-Disclosure.

Except as expressly authorized herein or as necessary to perform its obligations hereunder, the Receiving Party agrees to (1) not disclose any Confidential Information to third parties, and (2) not use Confidential Information for any purpose other than as necessary to exercise its rights or perform its obligations hereunder.

c) Processing of Personal Data.

Notwithstanding the provisions of this section, the Customer agrees that ILMU may process Personal Data as necessary for (1) storage and other processing necessary to provide, maintain and update the Services, and (2) the provision of customer and technical support to Customer regarding the Services.

3.0 TERM AND TERMINATION

a) Duration of Term.

This Agreement will commence on the Effective Date and will continue until all Order Forms here under have expired or have been terminated. The duration of the Services will be specified in each applicable Order Form. Unless otherwise specified in an applicable Order Form, and with the exception of Customers on the ILMU for Business Team plan that has disabled auto-renewal within the Services, Order Forms will renew automatically for additional terms of one year, unless terminated by either party by giving at least 30 days’ written notice prior to the end of the then-current term.

b) Termination for Material Breach.

Either party may terminate this Agreement and any applicable Order Forms in the event that the other party materially breaches this Agreement, by providing 30 days’ written notice, unless such breach is cured during such 30 day notice period. If the Customer or user terminates this Agreement or any Order Form due to material breach by ILMU, then the Customer or user will be entitled to receive a prorated refund for Services not rendered past the termination date.

4.0 WARRANTY DISCLAIMER

It may happen that the ILMU platform is down, either for planned maintenance or due to unexpected issues in the site. It may happen that one of the ILMU coordinators, course owner or instructors is making misleading statements in their content. It may also happen that ILMU encounters security issues. These are just examples. The user accepts that they will not have any recourse against UMP Advanced in any of these types of cases where things do not work out right.The Warranty Period provides protection for two (2) years .

UMP Advanced are not responsible for delay or failure of the system and Services 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 and legal, more complete language,

EXCEPT AS OTHERWISE AGREED UPON BY THE PARTIES, ILMU PROVIDES THE SERVICES AS-IS AND DISCLAIMS THAT ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES RELATING TO MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY.

5.0 LIMITATION OF LIABILITIES

There are risks inherent to using the ILMU Services, for example, if the user accesses health and wellness content like yoga, and they injure themselves. The user fully accepts these risks and they agree that they will have no recourse to seek damages against even if they suffer loss or damage from using ILMU platform and Services. In legal, and more complete language,

NEITHER PARTY WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY THEORY OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR (1) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR (2) ANY AMOUNTS OVER THE FEES PAID OR PAYABLE BY CUSTOMER TO ILMU IN THE 12 MONTHS PRIOR TO THE DATE THE RELEVANT CLAIM AROSE.

6.0 INDEMNIFICATION

a) ILMU's Indemnification Obligations.

ILMU agrees to defend Customer or user for all third party claims arising from an allegation that Customer’s or user use of the Services as permitted under this Agreement infringes upon a third party’s intellectual property rights ("Claim Against Customer"), and indemnify Customer or user from any damages, reasonable attorney fees, and costs incurred by Customer and user as a result of a Claim Against Customer. If the Services become subject to a third-party intellectual property claim, or ILMU believes that the Services will become subject to such a claim, then ILMU may elect to (1) modify the Services so that they are no longer allegedly infringing, (2) obtain a license for Customer’s continued use of the Services, or (3) terminate this Agreement or any applicable Order Forms, and provide Customer a pro-rated refund for Services not rendered past the termination date. This section states ILMU’s sole liability to the Customer concerning a claim that any part of the Services infringes the intellectual property rights of a third party.

b) Customer's or user Indemnification Obligations. Customer or user agrees to defend ILMU for all third-party claims arising from Customer's violations of this Agreement ("Claim Against ILMU), and indemnify ILMU from any damages, reasonable attorney fees, and costs incurred by ILMU as a result of a Claim Against ILMU.

c) Requirements for Indemnification. For the indemnification obligations hereunder to apply, the party seeking indemnification must: (1) promptly tender a claim for indemnification, (2) allow the indemnifying party sole control of the defense or settlement of the underlying claim, and (3) reasonably assist with any defense or settlement of the underlying claim at the indemnifying party’s request and expense.

Anti-Corruption

Neither party has received or been offered any illegal or improper bribe, kickback, payment, gift, or thing of value from an employee or agent of the other party in connection with this Agreement. Reasonable gifts and entertainment provided in the ordinary course of business do not violate the above restriction.

Publicity

Customer or user grants ILMU the right to use the Customer’s company name and logo as a reference for marketing or promotional purposes on ILMU’s website and in other promotional materials.

Force Majeure

Neither party will be liable for any failure or delay in the performance of its obligations hereunder to the extent caused by a condition that is beyond a party’s reasonable control, including but not limited to natural disaster, civil disturbance, acts of terrorism or war, labour conditions, failure by a third-party hosting provider or utility provider, company bankcruptcy, governmental actions, interruption or failure of the Internet or any utility service, or denial of service attacks.

No Assignment

The user may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if they registered an account as an employee of a company, their account cannot be transferred to another employee. UMP Advanced 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. The user agrees that their account is non-transferable and that all rights to their account and other rights under these Terms terminate upon their death.

Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be deemed null and void, and the remaining provisions of this Agreement shall remain in effect.

Entire Agreement

This Agreement constitutes the entire agreement between the parties about the subject matter hereof, and any written or oral agreements previously existing between the parties are expressly cancelled. This Agreement and any mutually executed Order Forms shall apply in place of the terms or conditions in any purchase order or other documentation that Customer provides, and all such terms and conditions are null and void and superseded by this Agreement and any mutually executed Order Forms. This Agreement, or any part thereof, may be modified by ILMU, including the addition or deletion of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting.

INSTITUTION PARTNER & VERIFIED INSTRUCTOR

When the user upgrade their public ILMU account to be institution partner under dedicated ERP owner and/or become verified instructor to develop course content, and/or facilitate a course in the ILMU course market, the user agree to abide by these Institution partners & Verified Instructor Terms ("Terms"). These Terms cover details about the aspects of the ILMU platform relevant to institution partner & verified instructors and are incorporated by reference into UMP Advanced Terms of Use, the general terms that govern the user usage of our Services. Any capitalized terms that are not defined in these Terms are defined as specified in the Terms of Use.

As a course owner or member, the user is responsible for all content that they post, including lectures, any assessment and activities such as quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements ("Submitted Content"). The user represent and warrant that:

The user will provide and maintain accurate account information;

The user own or have the necessary licenses, rights, consents, permissions, and authority to authorize ILMU to use their Submitted Content as specified in these Terms and the Terms of Use;

their Submitted Content will not infringe or misappropriate any third party's intellectual property rights;

The user have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that they offer through their Submitted Content and use of the Services; and

The user will respond promptly to Students or customers and ensure a quality of service that corresponds with the standards of their industry and instruction services in general.

The user warrant that they will not:

• ●Post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libellous content or information;
• ●Post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
• ●Use the Services for business other than providing tutoring, teaching, and instructional services to students;
• ●Engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
• ●Frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
• ●Impersonate another person or gain unauthorized access to another person's account;
• ●Interfere with or otherwise prevent other Instructors from providing their services or courses; or
• ●Abuse ILMU resources, including support services.

2.0 LICENSE TO ILMU

The user grants ILMU the rights detailed in the Terms of Use to offer, market, and otherwise exploit their Submitted Content, and to sublicense it to students for these purposes directly or through third parties. This includes the right to add captions or otherwise modify content to ensure accessibility.

Unless otherwise agreed, the user has the right to remove all or any portion of their Submitted Content from the Services at any time. Except as otherwise agreed, ILMU's right to sublicense the rights in this section will terminate concerning new users 60 days after the Submitted Content's removal. However, (1) rights given to students before the Submitted Content's removal will continue following the terms of those licenses (including any grants of lifetime access) and (2) ILMU's right to use such Submitted Content for marketing purposes shall survive termination.

UMP Advanced may record all or any part of their Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. The user grant ILMU permission to use their name, likeness, voice, and image in connection with the offering, delivering, marketing, promoting, demonstrating, and selling the Services, their Submitted Content, or ILMU's content, and they waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.

TRUST & SAFETY

1.0 TRUST & SAFETY POLICIES

The user agrees to abide by ILMU's Trust & Safety Policies, and other course quality standards or policies prescribed by ILMU from time to time. The user should check these policies periodically to ensure that they comply with any updates to them. The user must also understand that their use of the Services is subject to ILMU's approval, which UMP Advanced may grant or deny at UMP Advanced sole discretion.

UMP Advanced reserve the right to remove courses, suspend pay-outs, and/or ban instructors for any reason at any time, without prior notice, including in cases where:

• ●An instructor or course does not comply with our policies or legal terms (including the Terms of Use);
• ●A course falls below our quality standards or harms the student experience;
• ●An instructor engages in behaviour that might reflect unfavourably on ILMU or bring ILMU into public disrepute, contempt, scandal, or ridicule;
• ●An instructor engages the services of a marketer or other business partner who violates ILMU's policies; or
• ●As determined by ILMU in its sole discretion.

2.0 COURSE OWNER / INSTRUCTOR

The ILMU platform allows the user to add other users as a module team member or course owner for courses that they manage. By adding a module team member or course owner, the user understands that they are authorizing them to take certain actions that affect their ILMU account and courses. ILMU is not able to advise on any questions or mediate any disputes between them and such users. If their co-instructors have an assigned revenue share, their share will be paid out of the user earned revenue share based on the ratios they have specified in their Course Management settings as of the date of the purchase.

3.0 RELATIONSHIP TO OTHER USERS

Instructors do not have a direct contractual relationship with students, so the only information they receive about students is what is provided to the instructor through the Services. The user agrees that data received will not be used for any purpose other than providing the services to those students on the ILMU platform and that instructors do not solicit additional personal data or store students' data outside the ILMU platform. Instructor will indemnify ILMU against any claims arising from your use of students' data.

4.0 ANTI-PIRACY EFFORTS

UMP Advanced partners with anti-piracy vendors to help protect the courses from unauthorized use. To enable this protection, the user hereby appoint ILMU and our anti-piracy vendors as the user agents to enforce copyrights for each of the courses, through notice and takedown processes and for other efforts to enforce those rights. The user grants ILMU and our anti-piracy vendor's primary authority to file notices on their behalf to enforce their copyright interests.

The user agrees that ILMU and our anti-piracy vendors will retain the above rights unless they revoke them by sending an email to ilmu-support@umpadvanced.edu.my with the subject line: "Revoke Anti-Piracy Protection Rights" from the email address associated with their account. Any revocation of rights will be effective 48 hours after UMP Advanced receives it.

PRICING

1.0 PRICING SETTING

When creating a course, the institution partner will be granted a field to define a course price for the designed course. However if there is another defined course price agreed by UMP Advanced and institution partner, the course price must be set as per the agreed price. Alternatively, the institution may choose to offer their course for free

2.0 PAYMENTS

2.1 REVENUE SHARE

When a student purchases a course, UMP Advanced calculates the gross amount of the sale as the amount received by ILMU from the student ("Gross Amount"). From this, UMP Advanced subtracts such as any Transaction Taxes, any mobile platform fees applied to mobile application sales, administrative fee and handling fee to calculate the net amount of the sale ("Net Amount").

ILMU makes all institution partners and verified instructor payments in Ringgit Malaysia (RM) regardless of the currency with which the sale was made. UMP Advanced will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. The user revenue report will show the sales price (in local currency) and their converted revenue amount (in RM).

2.2 RECEIVING PAYMENTS

For UMP Advanced to pay the user promptly, the user must submit their account details in good standing and must keep us informed of the correct email associated with their account.

UMP Advanced reserves the right to withhold payments or impose other penalties if UMP Advanced does not receive proper identifying information or tax documentation from the user. The user understands and agrees that they are ultimately responsible for any taxes on their income.

Depending on the applicable revenue share model, payment will be made within 45 days of the end of the month in which (a) UMP Advanced receives the fee for a course or (b) the relevant course consumption occurs.

If UMP Advanced cannot settle funds into the user payment account after the period set forth by their state, country, or other government authority in its unclaimed property laws, UMP Advanced may process the funds due to the user by our legal obligations, including by submitting those funds to the appropriate government authority as required by law.

3.0 REFUNDS

Users acknowledge and agree that the user has the right to receive a refund, as detailed in the Terms of Use. Institution Partner & Verified Instructors will not receive any revenue from transactions for which a refund has been granted under the Terms of Use.

If a user asks for a refund after UMP Advanced have paid the relevant instructor payment, UMP Advanced reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor's courses.

TRADEMARKS

While the users are UMP Advanced institution partner & verified instructors and subject to the requirements below, the user may use our trademarks where UMP Advanced authorizes the user to do so.

The user must:

• ●only use the images of our trademarks that UMP Advanced make available to the user;
• ●only use UMP Advanced trademarks in connection with the promotion and sale of the user ILMU courses or the user participation on ILMU; and
• ●immediately comply if UMP Advanced requests that the user discontinue use.

• ●use UMP Advanced trademarks misleadingly or disparagingly;
• ●use UMP Advanced trademarks in a way that implies that UMP Advanced endorse, sponsor, or approve of the user courses or services; or
• ●use UMP Advanced trademarks in a way that violates applicable law or in connection with an obscene, indecent, or unlawful topic or material.