Legal
Trainers Hub User Agreement
Version 2.2 draft · 9 October 2026
During pre-launch the Pre-Launch Registration Terms apply on top of these terms.
TRAINERS HUB SDN. BHD. (Company No. 202601033142 (1695237-T)) of [Registered Address], Malaysia (“Trainers Hub”, “Platform”, “we”, “us”, “our”), operating WisdomHub and Programme Builder (together, the “Trainers Hub products”).
Effective Date: [Date]
Last Updated: 16 September 2026 (renamed; Programme Builder bridge, records, release, definitions added)
Merchant Disclosure (Consumer Protection (Electronic Trade Transaction) Regulations 2024)
In compliance with the Consumer Protection (Electronic Trade Transaction) Regulations 2024 (P.U. (A) 449/2024), Regulation 3 and the Schedule:
- Business name: TRAINERS HUB SDN. BHD.
- Business registration number: 202601033142 (1695237-T)
- Website address: wisdomhub.com.my
- Email address: hello@wisdomhub.com.my
- Telephone: [+60 X XXXX XXXX]
- Physical office address: [Full address], Malaysia
- Description of services: Online marketplace facilitating discovery and booking of corporate training services between Trainers / Training Providers and Malaysian corporate Clients (WisdomHub), and a programme-outline drafting tool (Programme Builder).
- Full price: Subscription and credit-pack prices are published at [/pricing] and are shown at checkout inclusive of Service Tax where it applies; no delivery or other cost is added. The price of a training engagement is set by the Trainer or Training Provider and shown on the brief or booking before you confirm.
- Method of payment: FPX online banking through our payment gateway; card only where Clause 6.3 provides for it.
- Terms and conditions of sale: This Agreement, together with the applicable role agreement (Clause 1.3).
- Estimated time of supply: Subscriptions and credits are activated on successful payment. Training is delivered on the dates agreed between the Client and the Trainer or Training Provider.
- Refund and complaints policy: See Clause 6 (refunds) and Clause 15 (dispute resolution) below; complaints to hello@wisdomhub.com.my.
- Language: Regulation 4 requires this disclosure in Bahasa Malaysia; other languages may be used in addition. [Bahasa Malaysia version pending.]
1. About These Terms
In short. One agreement covers every Trainers Hub product you use, so you accept it once and know which document governs what.
1.1 This Trainers Hub User Agreement (the “Agreement” or the “Terms”) governs your access to and use of the Trainers Hub products: any website, mobile application, dashboard, API, or other service we make available under the WisdomHub brand, and Programme Builder (collectively, the “Services”). A reference in any other Trainers Hub document to the “Platform Terms of Service” or the “Terms of Service” is a reference to this Agreement.
1.2 The Platform is an online marketplace that connects:
(a) individual freelance corporate trainers (“Trainers”);
(b) training providers incorporated as Sdn Bhd or registered as a Perkongsian Liabiliti Terhad / PLT (“Training Providers” or “TPs”); and
(c) Malaysian companies seeking corporate training services (“Clients”, shown as “company” on the Platform); and
(d) anyone holding an account to use another Trainers Hub product, whether or not they use the marketplace,
(together, “Users”).
1.3 By creating an account or using the Services, you agree to these Terms, our Privacy Policy, the Data Processing Addendum (where applicable), and (as applicable) the Trainer and Training Provider Agreement or Client Terms of Use. If you do not agree, you must not use the Services.
1.4 These Terms form an electronic contract under the Electronic Commerce Act 2006 and are legally binding once accepted by clicking “I agree” or by using the Services. Your acceptance is logged with timestamp, IP address, and device identifier, and constitutes admissible evidence under sections 90A–90C of the Evidence Act 1950.
2. Platform Role and Disclaimer of Engagement
In short. You contract with the other party, not with us. We run the marketplace and the tools; we do not deliver, vet, or guarantee training, and we never hold your HRD Corp money.
2.1 The Platform is an intermediary technology service. We facilitate discovery, listing, booking, and administrative coordination between Trainers/TPs and Clients.
2.2 We are not a party to any training engagement, contract for services, or commercial arrangement between a Trainer/TP and a Client. We do not employ Trainers, do not deliver training, and do not certify the quality, accuracy, or compliance of any course content.
2.3 We do not collect, hold, or disburse HRD Corp levy funds. All HRD Corp grant claims, levy utilisation, and disbursements are processed directly between the Client, the accredited Training Provider, and Pembangunan Sumber Manusia Berhad (“HRD Corp”) via the eTRiS portal.
2.4 Where the Platform displays “HRDF claimable”, “HRD Corp claimable”, or similar designations on a listing, that designation reflects the Trainer/TP’s self-declared and (where verifiable) Platform-checked accreditation status only. It is not a guarantee that HRD Corp will approve any claim, grant, or reimbursement.
2.5 Payments architecture. Payments processed through the Platform are executed by our nominated payment gateway (at launch, Billplz Sdn. Bhd., which processes the FPX payment and executes the split; we do not ourselves accept, hold, or settle User funds) using split payment at the time of transaction: the Platform’s Administrative Fee is deducted at source and the balance is settled directly to the receiving User’s bank account. The Platform does not hold, pool, or defer User funds in its own accounts, and does not operate an escrow, wallet, or stored-value facility.
2.6 Sole exception — non-HRD Corp direct engagements. Where a Client engages a Trainer for a programme that is not claimed through HRD Corp and elects the Platform operator’s reseller arrangement, the Platform operator contracts as principal: the Client pays the Platform operator’s own account and the Platform operator separately engages and pays the Trainer as its vendor. Funds received on this path are the Platform operator’s own receivables and payables, not third-party money held on trust or in escrow.
2.7 No vetting of Users. We are an intermediary. Any person or entity meeting the eligibility requirements in Clause 3 may register. We do not:
(a) conduct criminal record, bankruptcy, litigation, or credit checks on any User;
(b) take up references, contact past clients or employers, or assess character, integrity, or reliability;
(c) enquire into whether a User is employed elsewhere, or whether their use of the Platform breaches any obligation they owe to an employer, principal, professional body, or other third party;
(d) assess, test, observe, or accredit teaching ability, subject-matter competence, or the quality of any programme or course material;
(e) inspect training venues or supervise training delivery; or
(f) verify a User’s financial standing or ability to pay.
2.8 What we do instead is limited to the document checks and screening set out in Clause 3.2 and in our KYC procedure — confirming that a document was produced and, where a register is available to us, that it matches. That is a document check, not an endorsement. Verification of an accreditation certificate does not mean we have assessed the person. We do not collect references, and a User must not represent that we have checked any.
2.9 We make no representation and give no warranty as to the identity, character, employment status, honesty, solvency, competence, or suitability of any User. Each User is responsible for satisfying itself as to any counterparty before contracting with them, and for conducting whatever additional checks its own policies or its own regulator require. Clause 9 (Disclaimers) and Clause 10 (Limitation of Liability) apply.
2.10 Programme Builder. Programme Builder (https://programmebuilder.netlify.app) is a separate Trainers Hub product, sold under its own terms published on its site, and is not part of the Platform marketplace. Three things carry across:
(a) an outline, description, or other material you import from Programme Builder into the Platform is your content: Clause 8 applies to it, and Clauses 4 (listing accuracy) and 13 (intellectual property) of the Trainer and Training Provider Agreement apply to it as if you had typed it into the Platform yourself;
(b) your Platform account is your identity across every Trainers Hub product, and the credit wallet on that account is the only wallet for every Trainers Hub product (Clause 6.5B); and
(c) an answer given by a support chatbot in any Trainers Hub product is information to help you use the product. It is not advice, not a representation, and not a term of this Agreement or of any contract between Users.
3. Eligibility and Account Creation
In short. You keep your account safe by giving us accurate details, holding the documents we ask for, and guarding your sign-in.
3.1 To create an account you must:
(a) be at least 18 years of age and have legal capacity to contract under the Contracts Act 1950;
(b) if registering on behalf of a company, be duly authorised to bind that company;
(c) provide accurate, current, and complete information; and
(d) maintain the confidentiality of your login credentials.
3.2 We may require verification documents and may apply our Know-Your-Customer (“KYC”) procedure (as published from time to time), which may include:
(a) for individual Trainers, the HRD Corp accreditation certificate and the TTT or TTT exemption certificate, which carry the NRIC or passport number we rely on for identity (see Privacy Policy Clause 3.2);
(b) SSM registration documents (Section 14/17 Superform, Form 9, Form 24/49, or current equivalents);
(c) HRD Corp Train-the-Trainer (“TTT”) certificate and/or TP accreditation status;
(d) tax registration documents (including SST registration if applicable);
(e) authorisation letter signed by a director or partner where the registrant is not a director or partner;
(f) sanctions and politically-exposed-person (“PEP”) screening for higher-value Clients.
3.3 You are responsible for all activity that occurs under your account. Notify us immediately at hello@wisdomhub.com.my of any unauthorised access.
4. Acceptable Use
In short. The Platform stays useful for you when everyone deals honestly, keeps engagements on the Platform, and uploads only what they have the right to.
4.1 You agree not to:
(a) submit false, misleading, or fraudulent information;
(b) impersonate any person or misrepresent your accreditation status;
(c) circumvent the Platform to take bookings off-platform with the intent to avoid the Administrative Fee (see Clause 7);
(d) upload content that infringes intellectual property rights, is defamatory, obscene, or unlawful under Malaysian law (including the Communications and Multimedia Act 1998, Sedition Act 1948, and Penal Code);
(e) use the Platform to send unsolicited commercial communications in breach of the PDPA 2010 or the Communications and Multimedia (Technical Standards) Regulations;
(f) introduce malware or attempt unauthorised access to our systems;
(g) scrape, data-mine, or use automated tools to extract content;
(h) reverse-engineer, decompile, or copy the Services; or
(i) use the Platform in connection with any activity prohibited by Malaysian law, including the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLATFPUAA”).
4.2 Where training is delivered on a Client’s premises in Sabah or Sarawak, the Trainer/TP must comply with the Sabah Labour Ordinance (Cap. 67) or Sarawak Labour Ordinance (Cap. 76) as applicable, in addition to the Occupational Safety and Health Act 1994.
4.3 We may investigate suspected breaches and take action under Clauses 5 and 13.
5. Account Suspension and Termination
In short. You can close your account at any time. We can suspend or close it for breach, non-payment, lapsed accreditation, or risk to other Users, and your data is then handled as the Privacy Policy says.
5.1 We may suspend or terminate your account, with or without notice, if:
(a) you breach these Terms or your applicable User-type agreement;
(b) you fail to pay any sum when due;
(c) your accreditation or registration lapses, is revoked, or cannot be verified;
(d) we receive a credible complaint or evidence of misconduct, fraud, or harassment;
(e) required by law, court order, or regulatory authority; or
(f) your continued presence on the Platform poses reputational, financial, security, or legal risk to us or other Users.
5.2 You may terminate your account at any time by written notice to hello@wisdomhub.com.my, subject to:
(a) settlement of any outstanding fees or commissions;
(b) fulfilment of confirmed bookings (Trainers/TPs) or honouring confirmed engagements (Clients); and
(c) Clauses surviving termination as specified in Clause 18.
5.3 No refund of pre-paid subscription fees will be made on termination by us for cause, or on voluntary termination by you, unless required by law.
5.4 What happens to your personal data and content when your account closes is set out in Privacy Policy Clause 10.
6. Subscription Fees and Billing
In short. You see the price before you pay, renewals are announced in advance, and credits work the same across every Trainers Hub product.
6.1 Access to certain features is subject to a paid subscription. Current tiers, features, and prices are published at [/pricing] and form part of these Terms.
6.2 Subscriptions are billed monthly or annually in advance, in Ringgit Malaysia (MYR). The Platform [is / is not] registered for Service Tax under the Service Tax Act 2018 (SST registration number: [ST-XXXXXXXX] if applicable). Where SST applies, prices are stated exclusive of SST, and SST will be charged and remitted at the prevailing rate.
6.3 Renewal billing. Payment is processed via our nominated payment gateway. Each billing cycle, the Platform will issue you a payment request (payment link) for the renewal amount. Your subscription renews on successful payment of that request. Where the payment gateway supports tokenised card-on-file billing and you have opted in, renewal charges may instead be collected automatically against your stored card, and you may withdraw that authorisation at any time through your account dashboard.
6.4 Pre-renewal notification. We will send you a renewal reminder by email before each renewal date, and at least fourteen (14) days before the renewal date for annual subscriptions. You may decline renewal by not paying the renewal request, or cancel at any time through your account dashboard or by emailing hello@wisdomhub.com.my. Non-payment places the account in a grace period followed by suspension of paid features; paying a pending renewal request during the grace or dunning period restores the subscription without penalty.
6.5A Annual plans. Annual subscriptions are billed as a single upfront payment; instalment payment of annual plans is not offered. Upgrades take effect immediately with a prorated charge for the remainder of the current cycle. Downgrades take effect at the next renewal; no mid-cycle refunds are given on downgrade. Subscriptions cannot be paused; any pause offered at cancellation is a discretionary retention measure, is capped in duration, and does not extend credit expiry. A mid-cycle cancellation runs to the end of the paid period.
6.5B Credits. Certain Platform actions are metered in credits. Monthly credit grants attached to a subscription tier expire at the end of each monthly cycle and do not roll over. Purchased credit packs are valid for twelve (12) months from purchase. Credit packs are payable by online bank transfer (FPX); card payment is currently available for subscription billing only. Credits have no cash value, are non-transferable, and are not redeemable or refundable except where required by Malaysian law. Credits are held in one wallet on your Platform account and spend across every Trainers Hub product; a customer who uses Programme Builder alone tops up that same wallet. In Programme Builder each AI-generated draft costs ten (10) credits, debited when the draft is requested and reversed if the AI call fails; drafts are free during the pre-launch period (Pre-Launch Registration Terms Clause 7.1). Full credit mechanics are set out in the Trainer and Training Provider Agreement.
6.5C Promotional tier benefits. We may grant promotional access to a paid tier (for example, a launch benefit) for a stated period. Promotional access is shown in your billing dashboard with its end date, is not a paid subscription, does not auto-convert into a paid plan without a renewal payment request being issued and paid, and may not be exchanged for cash.
6.5 We may revise subscription fees on thirty (30) days’ written notice. Continued use after the effective date constitutes acceptance.
6.6 Subscriptions are non-refundable except where required by Malaysian law or expressly stated in these Terms.
6.7 Late payment may attract interest at 1.5% per month (or part thereof) on the outstanding amount, calculated from the due date until full payment.
6.8 E-Invoicing. Where mandatory under the Income Tax Act 1967 and the Inland Revenue Board (“LHDN”) e-Invoicing framework, we will issue e-Invoices via the MyInvois system. You must provide your TIN, SSM number, and SST registration number (if any) to enable e-Invoice issuance.
6.9 Order review and acknowledgement. Before you confirm any purchase through Platform checkout (a subscription, a credit pack, or an engagement payment) you are shown an order summary and can go back and correct any error before confirming. We acknowledge every order by email to your account address without undue delay. An order or acknowledgement is received when the recipient is able to access it (Regulation 6 of the Consumer Protection (Electronic Trade Transaction) Regulations 2024).
7. Platform Administrative Fee
In short. A flat five percent Administrative Fee on each engagement transacted through the Platform, collected at source, and still payable on an engagement you take off the Platform within twelve months of an introduction.
7.1 In addition to subscription fees, the Platform charges a flat Administrative Fee of five percent (5%) on every engagement transacted through the Platform, payable by the Trainer or TP. The rate is the same for all subscription tiers. The Administrative Fee covers payment gateway costs and platform operations, and is further defined in the Trainer and Training Provider Agreement.
7.2 The Administrative Fee is calculated on the applicable Fee Base:
(a) for engagements claimed through HRD Corp — the post-levy amount actually disbursed by HRD Corp to the Training Provider;
(b) for engagements where a TP engages a Trainer directly — the fee agreed between the TP and the Trainer; and
(c) for non-HRD Corp direct engagements under Clause 2.6 — the total fee paid by the Client,
in each case including any SST the supplier charges within that amount, and excluding reimbursable expenses.
7.3 The Administrative Fee is collected at source by payment gateway split at the time the relevant payment is made through Platform checkout, or, where the paying party is its own claim vehicle and no split occurs, is payable by that party through Platform checkout. Payment through the Platform is gated on delivery confirmation by both parties to the engagement, as recorded in-Platform.
7.4 Non-Circumvention. Trainers/TPs introduced to a Client via the Platform must process all engagements with that Client through the Platform for a period of twelve (12) months from first introduction. Off-platform engagements within this period are deemed Platform-originated and the Administrative Fee remains payable.
7.5 If a Trainer/TP breaches Clause 7.4, the Trainer/TP must pay the Platform a sum equal to the Administrative Fee that would have been payable on the off-platform engagement, plus an additional fifteen percent (15%) of that fee as a reasonable pre-estimate of the Platform’s costs of audit, administration, and lost downstream activity (the “Non-Circumvention Recovery”). The parties acknowledge that the Non-Circumvention Recovery is a genuine pre-estimate of loss and is not intended as a penalty for the purposes of section 75 of the Contracts Act 1950.
8. Intellectual Property
In short. Your content stays yours. You give us the licence we need to show it and run the Services; our software and brand stay ours.
8.1 All Platform software, design, branding, trademarks, and documentation are owned by us or our licensors and are protected by the Copyright Act 1987, Trade Marks Act 2019, and applicable international treaties.
8.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services solely for their intended purpose during your subscription term.
8.3 You retain ownership of content you upload (course outlines, materials, profile information). By uploading, you grant us a worldwide, royalty-free, non-exclusive licence to host, store, reproduce, adapt for formatting, and display that content for the purposes of operating, marketing, and improving the Services.
8.4 You warrant that you have all necessary rights to grant the licence in Clause 8.3 and that your content does not infringe any third-party rights.
8.5 You may not use our name, logo, or branding without prior written consent, except to identify yourself as a User of the Platform.
8.6 Content across Trainers Hub products and AI-assisted content. The licence in Clause 8.3 and the warranty in Clause 8.4 apply to content you create in, or import from, any Trainers Hub product, including a draft produced with AI assistance that you choose to publish. Content you publish on the Platform is shown to other Users and, where your profile is public, to visitors, as the Privacy Policy and the Trainer and Training Provider Agreement describe. You remain responsible for checking an AI-assisted draft before you publish it.
9. Disclaimers
In short. The Services come as they are. We do not promise results, availability, or that HRD Corp will approve any claim.
9.1 The Services are provided “as is” and “as available”. To the maximum extent permitted by law, we exclude all warranties, conditions, and representations not expressly stated in these Terms.
9.2 We do not warrant that:
(a) the Services will be uninterrupted, secure, or error-free;
(b) any specific result will be obtained from use of the Services;
(c) any Trainer/TP listed will be suitable, qualified, or available for any particular Client engagement; or
(d) any HRDF claim will be approved by HRD Corp.
9.3 We do not vet, screen, or background-check Users, and give no warranty as to any User’s identity, character, employment status, honesty, solvency, competence, or suitability. Clause 2.7 sets out what we do and do not check, and applies in full to this Clause 9.
10. Limitation of Liability
In short. Our liability to you is capped, and we are not liable for the acts of other Users or for HRD Corp decisions, except where the law does not allow a cap.
10.1 Nothing in these Terms limits liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; or
(c) any other liability that cannot be excluded by Malaysian law.
10.2 Subject to Clause 10.1, our total aggregate liability to you arising out of or in connection with these Terms and the Services in any twelve (12) month period is limited to the greater of (a) MYR 50,000 or (b) the subscription fees paid by you to us in the preceding twelve (12) months.
10.3 We will not be liable for any:
(a) indirect, consequential, special, or punitive loss;
(b) loss of profit, revenue, business, opportunity, or anticipated savings;
(c) loss of data or goodwill;
(d) loss arising from the act, omission, or default of any Trainer, TP, or Client; or
(e) loss arising from HRD Corp claim rejection, audit findings, or regulatory action.
10.4 B2B acknowledgement. Each User acknowledges that it is a commercial party with the opportunity to take independent advice, and that the limitations in this Clause 10 are reasonable in the context of the fees payable for the Services.
11. Indemnity
In short. You cover us for claims that arise from your breach, your content, or your dealings with other Users.
11.1 You agree to indemnify and hold harmless the Platform, its directors, employees, and agents from and against all claims, losses, damages, fines, and reasonable legal costs arising out of:
(a) your breach of these Terms;
(b) your breach of any law including PDPA 2010, the HRD Corp Act 2001, or AMLATFPUAA;
(c) any content you upload; and
(d) any engagement, dispute, or claim between you and another User.
12. Privacy and Data Protection
In short. Your personal data is handled under the Privacy Policy, and your activity record is part of the Services so we can show you your own history and keep the Platform secure.
12.1 Our collection and use of personal data is governed by our Privacy Policy and (where applicable) Data Processing Addendum, each of which is incorporated into these Terms by reference.
12.2 You agree to comply with the Personal Data Protection Act 2010 (“PDPA 2010”) in respect of any personal data you process in connection with the Platform, including obtaining all required consents from data subjects.
12.3 Usage records. Part of the Services is a record of what you do on the Platform while signed in: what you save, view, search, send and publish, and when. We keep that record to show you your own activity, to keep your place, to answer support requests, to keep the Platform secure and to investigate disputes. Privacy Policy Clause 3.6 describes the record and Clause 10 says how long it is kept and how it is reduced. Use of the record for product analytics, and the joining of pre-registration browsing to your account, happen only with the consent you give in the cookie banner.
13. Modifications
In short. You get at least fourteen days’ notice of material changes, and a change that cuts your rights needs your re-acceptance.
13.1 We may amend these Terms from time to time. We will provide at least fourteen (14) days’ notice of material changes by email and/or in-app notification.
13.2 Material changes that adversely affect your rights or expand your obligations will require re-acceptance before continued use.
13.3 We maintain a versioned archive of these Terms at [/terms/archive]. The version applicable to you is the version in force on the date your account is active or your Booking is Confirmed, whichever is later.
14. Force Majeure
In short. Neither side is in breach for delays caused by events outside its control.
14.1 Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including acts of God, war, terrorism, pandemic, government action, internet/telecommunications failure, or labour dispute. The affected party must notify the other promptly and use reasonable efforts to resume performance.
15. Dispute Resolution
In short. Talk first, then AIAC mediation, then AIAC arbitration in Kuala Lumpur. A claim up to MYR 100,000 can go straight to the Sessions Court or Magistrates’ Court.
15.1 The parties will attempt to resolve any dispute amicably through good-faith negotiation within thirty (30) days of written notice.
15.2 If unresolved, the dispute will be referred to mediation administered by the Asian International Arbitration Centre (“AIAC”) in Kuala Lumpur under the AIAC Mediation Rules in force at the time of the dispute.
15.3 If mediation fails within sixty (60) days of commencement, the dispute will be finally resolved by arbitration administered by the AIAC under the AIAC Arbitration Rules, by a sole arbitrator, seated in Kuala Lumpur, conducted in English. The arbitral award is final and binding on the parties.
15.4 Small-claims carve-out. Notwithstanding Clauses 15.2 and 15.3, either party may commence proceedings in the Sessions Court or Magistrates’ Court of Malaysia (in Kuala Lumpur) for any monetary claim where the amount in dispute does not exceed MYR 100,000, without first attempting mediation or arbitration.
16. Governing Law and Jurisdiction
In short. Malaysian law applies, and the Malaysian courts in Kuala Lumpur hear anything arbitration does not.
16.1 These Terms are governed by and construed in accordance with the laws of Malaysia.
16.2 Subject to Clause 15, the parties submit to the exclusive jurisdiction of the courts of Malaysia sitting in Kuala Lumpur.
17. Notices
In short. Write to hello@wisdomhub.com.my; we write to the email address on your account.
17.1 Notices to us must be sent to hello@wisdomhub.com.my and to our registered office.
17.2 Notices to you may be sent to the email address on your account, and are deemed received twenty-four (24) hours after sending, provided no delivery failure notification is received.
17.3 Designated electronic addresses. For the purposes of sections 20, 21 and 24 of the Electronic Commerce Act 2006, the email address on your account and your in-Platform inbox are your designated information processing systems, and hello@wisdomhub.com.my is ours. An electronic message is sent when it leaves the sender’s system and received when it enters the designated system; a message to us that arrives outside 9 am to 6 pm on a working day in Kuala Lumpur is treated as received at 9 am on the next working day. Neither party needs to acknowledge receipt for a message to take effect, and a booking, proposal, or acceptance recorded in-Platform takes effect when it is recorded.
18. General
In short. The housekeeping: what forms the whole agreement, which clauses survive closure, language, stamping, and the acceptance record we keep.
18.1 Entire Agreement. These Terms, the Privacy Policy, the Data Processing Addendum (if applicable), your applicable User-type agreement, and, where you use Programme Builder, the Programme Builder terms constitute the entire agreement between us and supersede all prior discussions, representations, and agreements.
18.2 Severability. If any provision is held unenforceable, the remaining provisions continue in full force.
18.3 No Waiver. Failure to enforce any right does not constitute a waiver.
18.4 No Partnership. Nothing creates a partnership, joint venture, agency, or employment relationship between any User and the Platform.
18.5 Assignment. You may not assign your rights or obligations without our written consent. We may assign in connection with a corporate reorganisation or sale of business on notice to you.
18.6 Survival. Clauses 2 (Platform Role), 7 (Administrative Fee), 8 (IP), 10 (Liability), 11 (Indemnity), 12 (Privacy), 15 (Dispute Resolution), 16 (Governing Law), 18 (General), 19 (Records), 20 (Release), and 21 (Definitions) survive termination.
18.7 Language. These Terms are written in English. A Bahasa Malaysia translation is available at [/terms/bm] and may be used as the operative version where execution by a government body, GLC, or statutory body requires Bahasa Malaysia under the National Language Acts 1963/67. In the absence of an executed Bahasa Malaysia version, the English version prevails.
18.8 Stamping. Where these Terms (or any executed schedule) constitute a chargeable instrument under the Stamp Act 1949, the User responsible for stamping must lodge for stamping within thirty (30) days of execution.
18.9 Acceptance evidence. Records of your acceptance of these Terms (including timestamp, IP address, device fingerprint, and user agent) are retained for the duration of your account plus seven (7) years, and are admissible as evidence under sections 90A–90C of the Evidence Act 1950.
19. Records of Compliance
In short. You keep the records that show an engagement happened as recorded, and you show them to us when a dispute, a regulator, or a fee check needs them.
19.1 In addition to the acceptance records we keep under Clause 18.9, you must keep your own records of each engagement originated through the Platform: the brief or proposal, the Booking confirmation, invoices and receipts, delivery confirmations, and, where the engagement is claimed through HRD Corp, the grant application and claim documents.
19.2 You must keep those records for seven (7) years from the end of the engagement, matching the financial-record retention in Privacy Policy Clause 10, and produce them to us within fourteen (14) days of a written request where we reasonably need them to investigate a dispute between Users, to respond to a regulator or court, or to check the Fee Base declared for an engagement.
19.3 Where we have reasonable grounds to believe that Clause 7.4 (Non-Circumvention) has been breached, you must also give us such records of your engagements with the Client concerned as are needed to establish whether an engagement was Platform-originated and what fee was paid. We will treat what you produce as confidential and use it only for that purpose.
20. Release
In short. If another User wrongs you, your claim is against that User. We may help, but you release us from the claim itself.
20.1 Because we are not a party to any engagement between Users (Clause 2.2), you agree that any claim you have arising out of an engagement, a Booking, a payment, or any other dealing with another User is a claim against that User, and you release us, our directors, employees, and agents from every claim, demand, and loss of any kind arising out of a dispute between you and another User, whether known or unknown at the time of release.
20.2 Nothing in this Clause 20 releases us from liability that Clause 10.1 says cannot be limited, or from our own obligations under this Agreement.
20.3 We may, at our discretion, help a User pursue a claim against another User, for example by providing records under Clause 19 or by suspending the other User’s account under Clause 5. Any help we give is voluntary, may stop at any time, and does not make us a party to the dispute or revive any released claim.
21. Definitions
In short. Capitalised words carry the meanings here, matched to the Trainer and Training Provider Agreement so the two documents read the same.
- “Administrative Fee” means the flat fee of five percent (5%) of the Fee Base payable by a Trainer or TP to the Platform under Clause 7. The Administrative Fee covers payment gateway and platform operations costs.
- “Agreement” or “Terms” means this Trainers Hub User Agreement (Clause 1.1).
- “Booking” means a confirmed engagement between a Trainer or TP and a Client for training services, originated through the Platform.
- “Client” means a Malaysian company seeking corporate training services, shown as “company” on the Platform (Clause 1.2(c)).
- “Confirmed” means the Client has formally accepted a Trainer’s or TP’s proposal or signed an engagement letter through the Platform.
- “Credits” means the metered units described in Clause 6.5B, held in the wallet on your Platform account.
- “Disbursed Amount” means the amount actually paid out by HRD Corp to the claiming Training Provider on an HRD Corp-claimed engagement, net of the HRD Corp levy deduction.
- “Dual Delivery Confirmation” means confirmation recorded in-Platform by both the paying party (Client or TP) and the Trainer that the training has been delivered. Payment through Platform checkout is gated on Dual Delivery Confirmation (Clause 7.3).
- “Fee Base” means: (i) on an HRD Corp-claimed engagement, the Disbursed Amount; (ii) where a TP engages a Trainer directly, the fee agreed between the TP and the Trainer; and (iii) on a non-HRD Corp direct engagement, the total fee paid by the Client, in each case including any SST charged within that amount and excluding reimbursable expenses (Clause 7.2).
- “Full Launch” means the point at which we announce that the marketplace is open for booking, as defined in the Pre-Launch Registration Terms Clause 1.2.
- “HRD Corp” means Pembangunan Sumber Manusia Berhad established under the Pembangunan Sumber Manusia Berhad Act 2001.
- “KYC procedure” means the Know-Your-Customer procedure described in Clause 3.2, as published from time to time.
- “Non-Circumvention Recovery” has the meaning given in Clause 7.5.
- “Platform” means WisdomHub, the online marketplace operated by Trainers Hub Sdn. Bhd., and, where the context is the contracting party, Trainers Hub Sdn. Bhd. itself.
- “Programme Builder” means the programme-outline drafting tool described in Clause 2.10.
- “Services” has the meaning given in Clause 1.1.
- “Trainer” means an individual freelance corporate trainer (Clause 1.2(a)).
- “Trainers Hub products” means WisdomHub, Programme Builder, and any further product we make available under this Agreement on notice to you.
- “Training Provider” or “TP” means a training provider incorporated as Sdn Bhd or registered as a Perkongsian Liabiliti Terhad / PLT (Clause 1.2(b)).
- “User” means any Trainer, Training Provider, Client, or other account holder described in Clause 1.2.