Terms & Conditions — Staff

These Terms and Conditions ("Terms") govern your access to and use of the Joyous Early Intervention Programme System ("the System", "EIP System", or "the Platform"), a proprietary web-based application developed, owned, and operated by Joyous Kiddy HQ Sdn Bhd(Company No. 1244379-D), a company incorporated in Malaysia ("the Company", "we", "us", or "our").

By accessing or using the System, you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Notice, and all applicable laws and regulations of Malaysia, including the Personal Data Protection Act 2010 (Act 709) ("PDPA").

If you do not agree with any part of these Terms, you must not access or use the System.

1. Definitions

In these Terms, unless the context otherwise requires:

• "Authorised User" means any individual granted access to the System by the Company or its designated administrators, including but not limited to teachers, principals, headquarters managers, and administrative staff.
• "Student Data" means all personal data, educational records, assessment results, medical information, photographs, and any other information relating to students enrolled in programmes operated by the Company or its affiliated branches.
• "Branch" means any educational centre, preschool, or learning facility operated by the Company or its subsidiaries and affiliates.
• "Content" means all data, text, reports, assessments, images, documents, and other materials uploaded to, generated by, or stored within the System.

2. Access and Account Security

2.1. Access to the System is restricted to Authorised Users only. Your account credentials are personal and non-transferable. You shall not share, disclose, or permit any other person to use your login credentials.

2.2. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You must notify the Company immediately upon becoming aware of any unauthorised use of your account or any other breach of security.

2.3. The Company reserves the right to suspend or terminate your access to the System at any time, without prior notice, if you breach these Terms or if your continued access poses a risk to the security or integrity of the System.

2.4. Upon termination of your employment or engagement with any Branch, your access to the System shall be revoked immediately. You shall not attempt to access the System after such termination.

3. Acceptable Use

3.1. You agree to use the System solely for its intended purpose of managing student educational records, assessments, reports, and related administrative functions within the scope of your role and responsibilities.

3.2. You shall not:

• Access, copy, download, or distribute Student Data or any Content from the System for any purpose other than the performance of your authorised duties;
• Attempt to gain unauthorised access to any part of the System, other accounts, computer systems, or networks connected to the System;
• Introduce any virus, malware, or other harmful code into the System;
• Use the System in any manner that could damage, disable, overburden, or impair the System or interfere with any other party's use of the System;
• Modify, adapt, reverse-engineer, decompile, or disassemble any part of the System;
• Use the System to store or transmit any content that is unlawful, defamatory, or infringes upon the intellectual property rights of any third party;
• Share, export, or transmit Student Data to any third party or external system without the prior written consent of the Company and the relevant parent or guardian.

4. Intellectual Property and Proprietary Information

4.1. The System, including but not limited to its source code, design, user interface, logos, trademarks, documentation, educational templates, assessment methodologies, goal bank taxonomies, workflow processes, and all related intellectual property, is the exclusive property of Joyous Kiddy HQ Sdn Bhd and is protected under Malaysian and international intellectual property laws, including the Copyright Act 1987 and the Trademarks Act 2019.

4.2. No licence, right, or interest in any trademark, trade name, or service mark of the Company is granted to you under these Terms.

4.3. All Content generated within the System, including reports, assessments, educational plans, and resource materials, shall remain the property of the Company. Users retain no proprietary rights over any Content created using the System.

4.4. Proprietary Business Information: The design, structure, features, workflows, methodologies, and operational concepts of the System constitute proprietary business information and trade secrets of the Company. You shall not, whether during or after your engagement with the Company:

• Disclose, describe, or communicate the features, functionality, design concepts, assessment frameworks, or operational workflows of the System to any person who is not an Authorised User;
• Use knowledge gained from the System to develop, assist in developing, or advise on the development of any competing or similar system, product, or service;
• Copy, reproduce, or replicate the structure, layout, templates, or methodologies employed by the System for any purpose outside the scope of your authorised duties;
• Share screenshots, recordings, or descriptions of the System's interface, reports, or internal processes with any third party without the prior written consent of the Company.

4.5. This obligation regarding proprietary business information shall survive the termination of your access to the System and your engagement with the Company for a period of five (5) years, or such longer period as may be required to protect the Company's legitimate business interests.

5. Personal Data Protection (PDPA Compliance)

5.1. The Company processes personal data in accordance with the Personal Data Protection Act 2010 (Act 709) and its subsidiary regulations. By using the System, you acknowledge and consent to the collection, processing, and storage of personal data as described in our Privacy Notice.

5.2. Types of Personal Data Collected: The System collects and processes the following categories of personal data:

• User information: name, email address, phone number, NRIC number, date of birth, gender, residential address, and role designation;
• Student information: name, date of birth, NRIC number, gender, medical information, photographs, parent/guardian contact details, and educational assessment data;
• Usage data: login timestamps, IP addresses, browser information, and audit logs of actions performed within the System.

5.3. Purpose of Processing: Personal data is processed for the following purposes:

• Administration of student educational programmes, including Individualised Education Plans (IEP), trial assessments, observation reports, and progress tracking;
• Facilitating multi-level approval workflows for educational reports;
• Generating PDF reports for delivery to parents and guardians;
• Internal administrative functions, including user account management and audit compliance;
• Ensuring the security and integrity of the System.

5.4. Data Retention: Personal data shall be retained only for as long as necessary to fulfil the purposes for which it was collected, or as required by applicable law. Student records may be retained for a period of seven (7) years following the student's withdrawal or completion of the programme, in accordance with Malaysian education regulatory requirements.

5.5. Data Security: The Company implements appropriate technical and organisational measures to protect personal data against unauthorised access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption of data in transit and at rest, role-based access controls, and comprehensive audit logging.

5.6. Your Rights: In accordance with the PDPA, you have the right to:

• Access your personal data held by the Company;
• Request correction of any inaccurate or incomplete personal data;
• Withdraw your consent to the processing of your personal data, subject to legal and contractual restrictions;
• Lodge a complaint with the Personal Data Protection Commissioner if you believe your personal data has been mishandled.

5.7. Cross-Border Transfer: Personal data stored within the System may be hosted on servers located outside Malaysia. The Company shall ensure that adequate safeguards are in place to protect personal data in accordance with the PDPA.

6. Confidentiality

6.1. All Student Data, Content, and information within the System is strictly confidential. "Confidential Information" includes, without limitation:

• All Student Data, educational assessments, and reports;
• The design, features, and operational methodologies of the System;
• Any business processes, educational frameworks, or assessment techniques embedded in the System;
• User lists, branch information, and organisational data;
• Any information designated as confidential by the Company.

6.2. You shall not disclose, reproduce, or distribute any Confidential Information to any person who is not an Authorised User of the System, whether during or after your engagement with the Company. This includes but is not limited to sharing information verbally, in writing, electronically, or through any other medium.

6.3. You shall not use any Confidential Information for any purpose other than the performance of your authorised duties within the System.

6.4. This obligation of confidentiality shall survive the termination of your access to the System and your engagement with the Company indefinitely.

7. Non-Solicitation

7.1. You acknowledge that in the course of using the System, you will have access to confidential information regarding the Company's students, parents, guardians, staff, and business relationships ("Protected Relationships"). This information constitutes a proprietary business asset of the Company.

7.2. Non-Solicitation of Customers: For a period of two (2) years following the termination of your access to the System or your engagement with the Company (whichever is later), you shall not, directly or indirectly:

• Solicit, canvass, approach, or entice away any parent, guardian, student, or family who is or was, at any time during the twelve (12) months preceding your termination, a client or prospective client of the Company or any Branch;
• Use any contact information, personal details, or knowledge of the needs or circumstances of any parent, guardian, or student obtained through the System for the purpose of offering, providing, or promoting educational services that compete with the Company's services;
• Encourage, induce, or assist any parent or guardian to withdraw their child from any programme operated by the Company or any Branch.

7.3. Non-Solicitation of Employees: For a period of two (2) years following the termination of your access to the System or your engagement with the Company (whichever is later), you shall not, directly or indirectly:

• Solicit, recruit, entice, or encourage any employee, teacher, therapist, or contractor of the Company or any Branch to leave their employment or engagement with the Company;
• Hire or engage any person who is or was, at any time during the six (6) months preceding your termination, an employee or contractor of the Company or any Branch.

7.4. Clarification: For the avoidance of doubt, these non-solicitation obligations are not a restraint of trade. You remain free to carry on any lawful profession, trade, or business. These obligations are limited to preventing the misuse of Protected Relationships and confidential information acquired through the System and your engagement with the Company.

7.5. The restrictions in this Section 7 shall apply regardless of whether you initiate the contact or the client, parent, guardian, or employee initiates the contact, where you knew or ought to have known that the person was a client or employee of the Company.

8. Return of Company Data and Property

8.1. All data, records, documents, reports, contact lists, and any other information obtained through or generated by the System are and shall remain the property of the Company.

8.2. Upon the termination of your access to the System or your engagement with the Company, you shall immediately:

• Return to the Company all physical and electronic copies of any data, documents, reports, or records obtained from or through the System;
• Permanently delete from all personal devices, accounts, cloud storage, and any other media all copies of Student Data, parent or guardian contact information, staff contact information, and any other Confidential Information obtained through the System;
• Confirm in writing to the Company that you have complied with these obligations.

8.3. Customer Data as Company Property: You expressly acknowledge and agree that all parent and guardian contact details, student information, and family records accessed through the System are the exclusive property of the Company. Such information does not constitute your personal contacts and shall not be retained, copied, or used for any purpose following the termination of your access, regardless of whether you personally entered such information into the System.

8.4. The Company reserves the right to conduct audits to verify compliance with this Section. Failure to comply with these obligations may result in legal action, including claims for damages and injunctive relief.

9. Limitation of Liability

9.1. The System is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, the Company disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.2. The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the System, including but not limited to loss of data, loss of profits, or business interruption.

9.3. The Company's total aggregate liability arising out of or in connection with these Terms or the use of the System shall not exceed the amount paid by you (if any) for access to the System in the twelve (12) months preceding the claim.

9.4. Nothing in these Terms shall exclude or limit liability for fraud, wilful misconduct, or any liability that cannot be excluded or limited under applicable Malaysian law.

10. Indemnification

10.1. You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your breach of these Terms;
• Your unauthorised use or disclosure of Student Data or confidential information;
• Your negligent or wrongful acts or omissions in the use of the System;
• Any claim by a third party arising from your use of the System.

11. System Availability and Modifications

11.1. The Company shall use reasonable endeavours to ensure the availability of the System but does not guarantee uninterrupted access. The System may be temporarily unavailable due to maintenance, updates, or circumstances beyond the Company's control.

11.2. The Company reserves the right to modify, update, or discontinue any feature or functionality of the System at any time without prior notice.

12. Amendments

12.1. The Company reserves the right to amend these Terms at any time. Updated Terms will be posted within the System and shall take effect immediately upon posting.

12.2. Your continued use of the System following the posting of amended Terms constitutes your acceptance of such amendments.

13. Governing Law and Dispute Resolution

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

13.2. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Malaysia.

13.3. Prior to initiating any legal proceedings, the parties shall attempt in good faith to resolve any dispute through negotiation and mediation.

14. Remedies

14.1. You acknowledge that any breach of Sections 4 (Intellectual Property), 6 (Confidentiality), 7 (Non-Solicitation), or 8 (Return of Company Data) may cause irreparable harm to the Company for which monetary damages alone would be an inadequate remedy.

14.2. In the event of any such breach or threatened breach, the Company shall be entitled to seek injunctive relief (including interim and interlocutory injunctions) from any court of competent jurisdiction, in addition to any other remedies available at law or in equity, without the requirement of posting any bond or proving actual damages.

14.3. The rights and remedies of the Company under these Terms are cumulative and not exclusive of any other rights or remedies available under law.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Notice and any other policies referenced herein, constitute the entire agreement between you and the Company with respect to your use of the System and supersede all prior agreements, understandings, and representations.

17. Contact Information

For any enquiries, requests, or complaints regarding these Terms or the processing of personal data, please contact: