T & C

Terms and Conditions

Condition of use for website.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM.

By using this Platform, you signify you have read and accept these terms of use. If you do not agree to these of use, do not use this Platform.

Welcome to www.benchlab.co. As a user or visitor (“You”) who access Our site (www.benchlab.co) or any other digital service(s) provided and managed by Us (“Platform”), You must read these terms and conditions of use (“Terms of Use”) and Privacy Policy carefully and thoroughly before using the features and/or services available in the Platform, as it will be applied to You.

By using Platform (as defined below), You hereby expressly acknowledge and agree that You have read, understood, acknowledged, agreed, accepted, and are subject to all terms and conditions herein. These Terms of Use and Privacy Policy constitute valid agreement as to the procedure and requirements for the Platform usage between You and the Platform administrator, Benchlab (P20012793) (“We”).

We shall have the right to change, modify, supplement, amend, and/or delete this Terms of Use without any prior notice to You. You should visit this page regularly to ensure that You are aware of the latest version of the Terms of Use, as any newer version of the Terms of Use shall supersede all of the previous versions. If you disagree to fall within this Terms of Use, then You shall not use Platform as Your continued use of Platform after any such changes, whether or not reviewed by You, shall constitute your consent and acceptance of the revised Terms of Use.

1. GENERAL PROVISIONS

a. Platform is www.benchlab.co website that is administered by Us.

b. Internet connection is required to use Our service. All costs incurred from the connection of your electronic device with the internet network shall fully be your responsibility.

c. The platform facilitates students (“Learner”) to connect with independent contractor instructors (the “Instructor”, collectively with Learner, the “Users”) who provide live and/or recorded instruction, tutoring, and learning services via Platform (“Services”).

d. We do not employ Instructors and We are not responsible for any action and/or omission by the Instructors.

e. We may use the service of a third party for the payment service. All failures caused by event or matter beyond Our reasonable control relating to the payment service made available by the third party are not Our responsibility. However, We will exert Our best efforts to assist in resolving all issues arisen. The service provider of banking/payment services chosen by You may charge an additional fee to You for the service rendered.

f. You understand and agree that Your conversation with Our customer service will be automatically stored and filed for the legal purpose and improvement of the quality of Our Service. The confidentiality of Your conversation is assured and no information will be disclosed.

g. We shall have the right not to process the registration, limit, or terminate Your use of Platform if We have reasonable reasons to suspect that You have violated these Terms of Use or applicable laws.

2. GENERAL TERMS OF USE OF PLATFORM

a. You represent that You are 18 (eighteen) years old at minimum or married and not placed under guardianship or custody (“Legal Age”).

b. If you are below the Legal Age, You represent and warrant that You have obtained consent from your parent(s) or legal guardian(s) (“Parents”). By consenting, Parents are considered to have read, understood, agreed to, and are bound to this Terms of Use. Parents are fully responsible for:
(i) all of your actions on the Platform;
(ii) any fees or charges associated with the Services; and
(iii) Your compliance with this Terms of Use.

c. In the event You are using Platform in the name of a legal entity, You represent that You are authorised to act for and on behalf of such legal entity and to make the legal entity to enter into and be bind to this Terms of Use.

d. Your use of Platform is subject to Our approval, which We may grant or deny in Our sole discretion;

e. You may use the Platform by registering Yourself to the Platform by providing all required information as requested on the Platform’ Registration Form (“Personal Data”). Your Personal Data will only be used by Us and/or Instructor to render the Services in the Platform and for other purposes upon Your agreement per applicable laws.

f. You promise not to assign, transfer, or authorise other persons to use Your identity or use Your account. You shall keep the confidentiality of the password of Your account and each identification supplied to You for the account or Your Personal Data. Unauthorised use of Your account caused by the disclosure of the password in any manner will not make any transaction or Service order made through Your account to be deemed as an unauthorised transaction or order.

g. You must report to Us if You, for any cause whatsoever, do not have control of Your account. You are responsible for the use and misuse of Your account in the Platform by other persons.

h. You are not permitted to endanger, misuse, alter or modify Platform in any manner whatsoever, including but not limited to distributing any virus, worm, spyware or any other computer code, file, technologies or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Platform or the interest or property of the Users.

i. You understand and agree that Your use of Platform is also subject to Our Privacy Policy (attached as updated from time to time) as an inseparable part of these Terms of Use.

j. You promise that You will only use Platform to involve Yourself to the Services whether as a Learner or as Instructor. You shall not misuse or use Platform for illegal activities, including but not limited to money laundering, theft, fraud, terrorism, or other deceitful acts. You also promise that You will not cause inconvenience to other persons or making false orders through the Platform.

k. You acknowledge and agree that each information in any form whatsoever, including however not limited to video, audio, picture, or text in the Platform have its intellectual property rights (including however not limited to trademark and copyright). You shall not use, modify, disclose, distribute, and/or disassemble such information without permission from its owner.

l. When accessing and using the Platform, You are not permitted to:
(1) violate any laws, third party rights, or this Terms of Use;
(2) submit or post any information or content in any form that violates, infringes, or misappropriates any intellectual property right of a third party.
(3) take or collect Personal Data from other users, including but not limited to email addresses, without consent from such users.
(4) Use the Platform to distribute advertising or other content.
(5) You acknowledge and agree that We can send You message(s) and notification(s) about information that are related to Your activities on Our Platform, including but not limited to message(s) via SMS or e-mail, where we can use broadcast message services by third parties.
(6) You acknowledge and agree that the Service rate stated in the Platform may be subject to change at any time.

3. FEES AND SERVICES

Joining the Platform and listing classes is free. However, We do charge a fee per learner enrollment to the Services. You have an opportunity to review and accept the fees that you will be charged based on Your particular fee schedule, available within your account information. Changes to that schedule are effective after We provide You with at least fourteen days’ notice by posting the changes on the Platform. Unless otherwise stated, all fees are quoted in Brunei Dollars (BND). Below are the terms for Learner when purchasing a Workshop:

a. All payments are non – refundable and are not transferrable to other Workshops. Please kindly inform Us so that we can make any necessary arrangements.

b. In the event the class is canceled due to some unexpected events by the Instructor, We will refund Your payment fully.

c. In the event the class information such as the price, time, location, and/or learning description is amended by the Instructor, You can have the option to ask for a refund.

d. Workshop rescheduling can only be done with the approval from Us and the Instructor. You are required to contact Us to reschedule.

4. LIMITATION OF LIABILITIES

a. You agree to indemnify and hold Us and Our employees, representatives, agents, and affiliates, harmless against any claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Terms of Use. You will pay any costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by Us in connection with or arising from any such claim, suit, action, or proceeding.

b. We are not responsible or liable for any default or loss, direct or indirect, material or immaterial caused any mistake(s), error(s) or action(s) taken by Instructor, as well as the interaction between the Instructor and Learner, including but not limited to any interaction inside or outside Our Platform, whether done before, after, or during the Service.

c. The Services are only a marketplace for Instructor and Learner. We do not hire or employ Instructor nor are We responsible or liable for any interactions involving the Instructor and the Learner who purchase an Instructor’s course via the Services. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of Instructors or Learners, including, but not limited to, any Learner’s reliance upon any information provided by an Instructor.

d. If there is a mismatch between Workshop Information on Our Platform and Workshop’s implementation, which including but not limited to the time and place of the Workshop, Instructor(s), as well as the duration and material of the Workshop, then You can complaint to Us via Our available contact(s). You can make the complaint no later than 21 (twenty – one) calendar days from the Workshop ending date that listed on the Platform, where if the deadline has passed with no complaint from You, then You hereby agree that the Workshop has been running properly.

e. We do not control submitted content posted on the Services and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such submitted content. You also understand that by using the Services, We may expose You to submitted content that You consider offensive, indecent, or objectionable. We shall not be held responsible to keep such content from You.

5. INTELLECTUAL PROPERTY RIGHTS

a. We are the sole owner of the name, icon, and logo of Benchlab.co, which copyright and trademark are protected by laws of Brunei Darussalam. Using, modifying, or placing name, icon, logo, or mark without Our written permission is strictly prohibited.

b. All intellectual property rights in the Platform under the laws of Brunei Darussalam, including the ownership of intellectual property rights of all source code of the Platform and intellectual property rights related to the Platform. You are prohibited from committing infringing the intellectual property right in the Platform, including making modification, derivative works, adaptation, duplicates, copying, selling, reproducing, hacking, and/or exploiting the Platform including use of the Platform from unauthorised access, automatic launch of program or script, or any program whatsoever which may hinder the operations and/or performance of the Platform, or in any manner whatsoever reproduce or avoid the navigation structure or presentation from the Platform or its content.

c. We have the full right to take any legal actions against violation by You relating to intellectual property right in the Platform.

6. NOTICE

a. All notices or requests for information to Us will be further processed if addressed through Chat feature on the Platform, through email to admin@benchlab.co, by sending a written document to our address at I – Centre, 2nd Floor, No.12, Block B28, Simpang 32 – 37, Kg. Anggerek Desa, Jalan Berakas, BB3713, Bandar Seri Begawan.

b. Notice to You will be deemed properly received if We can show that such notice, either in physical or electronic form, has been sent to You.

7. PLATFORM FAIRNESS AND SAFETY

We will at all times exert Our reasonable efforts to keep the Platform functioning and running smoothly. However, We are not responsible and will not be held liable for the unavailability of Platform and/or feature service for any reason, including however not limited to maintenance or technical issues. However, You acknowledge and agree that the transmission or internet access cannot continuously create safe and private payment transactions and therefore each message or information sent or used by You in the Platform may be hijacked or taken by unauthorised third parties.

For Platform operation, We are using a service by third party, where the use of the Platform by You may also be a subject to the provisions of third party.

8. NO WARRANTY

This Platform is made available on an “as is” basis in the sense that You acknowledge and agree that all risks arising from the use of Platform features by You will fully rest on You and You have no right to request compensation whatsoever from Us. We do not make or give the following representation or warranty:

a. that the Platform is free from error and/or defect or when being operated in combination with hardware, software, system, or other data including those errors and/or defect in the Platform will be repaired.

b. availability and reliability of the Platform or servers supporting the Platform, free from virus and other malicious components.

c. security, timeliness, quality, compatibility, availability, accuracy, and completeness of the Platform features.

9. CLOSING

a. Our relationship with You is an independent relationship and no agency, partnership, joint venture, employee – employer, or owner of franchisee – franchisor will be created from these Terms of Use.

b. The headings inserted in these Terms of Use shall be made for reference only and shall in no way establish, limit, explain, or describe the content of the articles.

c. We reserve the right to investigate and claim our rights against each violation of these Terms of Use to the extent permitted by law. You hereby acknowledge that We have the right to monitor the access to sites and Platform to ensure compliance with these Terms of Use, or to comply with the regulations or court order, administrative body or other governmental bodies.

d. User shall not engage in money laundering and/or use funds from illicit sources. We shall have the right to report transactions alleged or suspected as money laundering to the relevant authority.

e. We shall have the right, without prior notice, to take any actions required in the case of manipulation/fraud, such as to close cancel the account, withdraw the cashback, cancel the transaction, retain the fund, including in the case of alleged fraud, money laundering or violation made by You to the Terms of Use and the laws of Brunei Darussalam.

f. If any part of this Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to this Terms of Use, Your use of Benchlab.co, the service, or the content are governed by, and will be interpreted in accordance with the laws of Brunei Darussalam.