Last updated July 5, 2021

These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Obtana (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies, organizations.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Classes. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.

Obtana may amend these Terms (including our policies which are incorporated into these Terms) at any time in its sole discretion. The amended Terms shall be effective immediately upon posting and you agree to the new Terms by continued use of the Platforms. We will alert you about any changes by updating the “Last updated” date of Terms. It is your responsibility to check the Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

What we do

Obtana is a platform for people to find courses, coaches, training, certifications, or any learning experiences. Through our Platforms, you will find and purchase a variety of courses, classes, lectures, seminars, experiences, training, certification or any learning experiences including online and physical (hereinafter collectively referred to as "Classes"). When you make a book for Classes on our Platforms ("Bookings"), Obtana acts as an agent on behalf of instructors, tutors, culture centers, schools, education organizations, schools, or any learning institutions (hereinafter collectively referred to as "Instructors") to facilitate, process and conclude the booking. Instructors may be owned or operated by third party institutions, or our affiliate companies.

Use of the Platforms and Obtana Account

You will need to register for an Obtana account for you to use the Platforms. You can register an Obtana account using your google account, facebook account or email address. You need to have a valid Malaysia account in case you have a refund. When you register for an Obtana account we will ask you to provide your personal information including a valid email address, a mobile phone number, a unique password and IC information. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Bookings placed under your Obtana account are your sole responsibility.
Obtana shall not be liable for bookings that encounter any issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the bookings, including your email address, contact information, attendee name, attendee numbers, and class date.
If you wish to delete your Obtana account, please send us an email requesting the account deletion. We may restrict, suspend or terminate your Obtana account and/or use of the Platforms, if we reasonably believe that: (but are not limited to the following)

someone other than you is using your Obtana account;
where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

Prohibited Activity on the Platforms

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Obtana reserves the right to investigate and take appropriate legal action against anyone who engages in any of the prohibited activities in Obtana’s sole discretion. Prohibited activities include, but are not limited to the following:

using the Platforms for any purpose in violation of local, state, or federal laws or regulations;
posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;
posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Obtana in its sole discretion or pursuant to local community standards;
posting content that constitutes cyber-bullying, as determined by Obtana in its sole discretion;
posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;
posting any personal information including telephone numbers, email, or names
posting URLs to external websites or any form of HTML or programming code;
posting anything that may be “spam,” as determined by Obtana in its sole discretion;
impersonating another person when posting content;
harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;
allowing any other person or entity to use your identification for posting or viewing comments;
harassing, threatening, stalking, or abusing any person on the Platforms;
engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of Obtana, exposes Obtana or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or
encouraging other people to engage in any prohibited activities as described herein.;

Obtana reserves the right but is not obligated to do any or all of the following:

investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;
remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;
suspend or terminate a user’s access to the Platforms or their Obtana Account upon any breach of these Terms;
monitor, edit, or disclose any content on the Platforms; and
edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

Intellectual Property

All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Obtana and/or third parties who have authorized us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Obtana’s trademarks on any other website not approved by us is strictly prohibited. Obtana will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Obtana neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Obtana. Use of any materials on the Platforms is at your own risk.

Class booking

Before booking a class:

You are advised to read the Class details including details about the courses and instructor, what you will learn, class requirements, how the class is organized, location, and date carefully.
Some of the Classes we offer on our Platform have special requirements such as minimum age, level of knowledge, licenses, belongings, and so on. It is your responsibility to understand and confirm you meet the requirements.

Booking a class

Once you decide the Class you will take, select the available session, and book it. To complete a booking, please follow the onscreen instructions. You are required to review and confirm all the information you provide, including the course name, session date, the attendee’s name, number of attendees, and your contact information before you purchase.
During the booking process, you may be ask to make a payment online. Your booking is not completed if your payment is not successful.
If your booking is successfully completed, you will receive a booking confirmed email and a payment receipt email. Your booking will be listed on your dashboard.

Payment Methods

Obtana only accepts online payment methods. Obtana reserves the right to offer additional payment methods and/or remove existing payment methods at any time in its sole discretion. The payment shall be processed by our third-party payment service provider(s). With your consent, your credit card / payment information may be stored with our third-party payment service provider(s) for future bookings. Obtana does not store your credit card or payment information.

Cancellation

Cancellation by Attendee

If you need to cancel the booking after you purchased it, you need to contact us by email or live chat immediately. You may be charged a cancellation fee. Check the cancellation policy by attendee for more detail.
When your booking was cancelled, the status of the booking on your dashboard shows “Cancelled by You”.
If there is a refund amount, the amount will be refunded to your Malaysia bank account.

Cancellation by Instructor

If your Classes are cancelled by Instructors, you will receive a cancellation notice by email. The status of your booking on your dashboard shows “Cancelled by Course Instructor”.
Your paid amount will be refunded to your Malaysia bank account.

Refund

Obtana will refund to your Malaysian bank account only. You need to register your valid Malaysia bank account in the payout page of the Platforms.
Refund process will take 3 working days except the below conditions.

The bank account information is not registered.
The bank account information you provide is not valid.
The banking system has some problems.

Unsuccessful or Failed Classes

If your instructor does not offer the Class, please contact us by email or live chat within 24 hours from the class completion time. You may need to show the evidence. We will investigate it and take necessary actions. If you don't contact us within 24 hours, your booking is considered successfully completed, and we won’t accept any claim later.
won’t refund or reschedule your booking in cases where Instructors attempt to have the Class, but Instructors are unable to do so due to the reasons caused by you, including but not limited to:

If you or your attendees fail to attend the Class on time for any reasons (e.g fever, illness, injury, accident, emergency, traffic issue, network failure and so on)
The information you provide is missing or incorrect.
You didn’t match the course requirements.

Obtana’s Right to Content Your Post

The content you post as an attendee remains yours. When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Obtana to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Obtana for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

Using Obtana’s at Your Own

Anyone can use Obtana to create and publish courses and instructors and we enable instructors and attendees to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Obtana at your own risk.
Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an instructor at your own risk.
By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Obtana has no responsibility to keep such content from you and no liability for your access or enrollment in any course or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.
When you interact directly with an attendee or an instructor, you must be careful about the types of personal information that you share. While we restrict the types of information instructors may request from attendees, we do not control what attendees and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.
When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you.

Representations, Warranties and Limitation of Liabilities

You acknowledge and agree that the content on the Platforms are provided on an “as is” and “as available” basis, and that your use of or reliance upon the Platforms and any contents, information, classes or services accessed or obtained thereby is at your sole risk and discretion. While Obtana makes reasonable efforts to ensure the provision of the Platforms and the services we offer, are available at all times, we do not warrant or represent that the Platforms shall be provided in a manner which is secure, timely, uninterrupted, error-free, free of technical difficulties, defects or viruses. Please expect temporary interruptions of the Platform due to scheduled or regular system maintenance work, downtimes attributable to internet or electronic communications or events of force majeure.
To the extent permitted by law, Obtana (which shall include its employees, directors, agents, representatives, affiliates, and parent company) exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Platforms, our services, and any website linked to our Platforms and any content or material posted on it. Your exclusive remedy with respect to your use of the Platforms is to discontinue your use of the Platforms. The Obtana entities, their agents, representatives, and service providers shall not be liable for any indirect, special, incidental, consequential, or exemplary damages arising from your use of the Platforms or for any other claim related in any way to your use of the Platforms. These exclusions for indirect, special, consequential, and exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, work stoppage, computer failure, or malfunction, or any other commercial damages or losses, even if the Obtana entities, their agents, representatives, and service providers have been advised of the possibility thereof and regardless of the legal or equitable theory upon which the claim is based. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Obtana, the Obtana entities, its agents, representatives and service providers' liability shall be limited to the extent permitted by law.
Obtana shall neither be liable for actions or omissions of the instructors nor you in regard to provision of the Classes. Obtana does not assume any liability for the quality, condition or other representations of the Classes and/or services provided by Instructors or guarantee the accuracy or completeness of the information (including course description, course requirements, instructor’s information, photos and images of the Classes) displayed on the Classes listing/offering on the Platform. Nothing in these Terms shall exclude Instructor’s liability for death or personal injury arising from Instructor’s gross negligence or willful misconduct.

Instructor Liability

Instructors are responsible for the preparation, coordination, condition, and quality of Classes. Obtana shall not be liable for any loss or damage arising from your contractual relationship with the instructor.

Personal Data Protection

You consent to Obtana and any of its affiliate companies collecting, using, processing and disclosing your Personal Data in accordance with these Terms and as further described in our Privacy Policy. Our Privacy Policy is available via the links on our Platforms, and shall form a part of these Terms.

Indemnity

You agree to indemnify, defend, hold harmless Obtana, its directors, officers, employees, representatives, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including but not limited to, legal fees) arising from your use of the Platforms or your breach of these Terms.

Third Party Links and Websites

The Platforms may contain links to other third party websites and by clicking on these links, you agree to do so at your own risk. Obtana does not control or endorse these third party websites or links and shall not be responsible for the content of these linked pages. Obtana accepts no liability or responsibility for any loss or damage which may be suffered by you in relation to your access and use of these third party links and websites.

Termination

Obtana has the right to terminate, suspend or delete your account and access to the Platforms, including any service we provide to you in respect of a booking, for any reason, including, without limitation, if Obtana, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms. Obtana may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Websites

Obtana may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Obtana; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Obtana to legal liability. Obtana may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Obtana’s sole discretion, failure to do so would materially prejudice you. You agree that Obtana will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
Except to the extent you have agreed otherwise in a separate written agreement between you and Obtana, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Obtana governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

Severability

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Malaysia.

Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Obtana reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

If you wish to contact us regarding any questions or comments you may have, please send an email to our customer support email (info@obtana.com) or a message via our live chart on the Platforms.
You can also send postal mail to us at 16-1, 1st Floor, Jalan PJS 8/17, Dataran Mentari, 46150 Petaling Jaya, Selangor Darul Ehsan.

Thanks for teaching and learning with us!