TERMS
*
Training Courses - Terms and Conditions Governing
Attendance
* Conferences - Terms
and Conditions Governing Sponsorship
Training
Courses - Terms and Conditions Governing Attendance
Introduction to the General Terms and Conditions
1. These terms and conditions (the "Terms")
govern :-
a. your use of the flipside ("flipside") website,
which is owned by flipside sdn bhd; and
ii. your participation at our seminars, workshops, in
house events as well as conferences, referred to as
"your participation".
2.
Your participation is conditional upon your acceptance
and compliance with the terms herein as well as any
specific terms governing your attendance at an event,
including any registration forms signed. You are deemed
to have consented to these Terms by any continued use
of this Website or participation at any flipside event.
flipside reserves the right to amend the Terms at any
time and shall post notices of amendments on this site
as and when necessary.
Intellectual property rights and restrictions of use
3. All information, text, material, graphics,
software and advertisements on the Website whether audio/video,
pictorial, graphics, text, print or interactive and/or
material given to delegates who participate at our events
("Material") are copyright flipside unless
expressly indicated otherwise. All rights are reserved.
No modicafication, copying, reproduction, publication,
retransmission or distribution of this Material is allowed
except as expressly provided for or expressly authorised
in writing by flipside. You have permission to view
the Material through your browser and print for personal
and private use PROVIDED ALWAYS THAT there is :-
i. no sale or transfer for consideration of the Material
for anyone's benefit and no copying or posting of any
portion of the Material on any website, computer or
broadcast in any media or any website; and
ii. no modification of any of the Material. This permission
terminates automatically without notice should you breach
any of these terms.
4.
You must not use the Material or Website in any manner
or for any purpose which is unlawful or in any manner
which violates any right of flipside or which is prohibited
by the Terms.
5.
Nothing on this Website or Materials forwarded shall
be construed as conferring any license or rights under
any of flipside's or any Third Party Provider's intellectual
property rights, whether by estoppel, implication, or
otherwise. You are not permitted to use this Website
for any other purpose. Any unauthorized use of any Material
contained on this Website may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
Disclaimer and Limitation of Liability
6. Legislation in Malaysia may confer rights and remedies
on you in relation to the provision by flipside of goods
or services on the Website which cannot be excluded,
restricted or modified ("Non-excludable Rights").
flipside does not exclude any Non-excludable Rights
but does exclude all other conditions and warranties
implied by custom, law or statute.
7.
Except as provided for by the Non-excludable Rights
:-
i. all Material is provided on an "as is"
basis and without warranties of any kind, either express
or implied;
ii. flipside expressly disclaims all warranties of any
kind including but not limited to implied warranties
of merchantability and fitness for a particular purpose;
iii. flipside does not warrant that the functions contained
in any Material or your access to the Website will be
uninterrupted or error-free, that any defects will be
corrected or that the Website or the server which stores
and transmits Material to you are free of viruses or
any other harmful components;
iv. flipside does not warrant or make any representation
regarding your access to, or the results of your access
to, the Website (including any related or linked websites)
or any Material in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise; and
v. you assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant
Material.
8.
flipside SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED
AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING,
DISTRIBUTING, OR DOWNLOADING THE MATERIAL. IN NO EVENT
SHALL flipside BE LIABLE FOR ANY INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING
LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER
ECONOMIC ADVANTAGE) HOWEVER IT ARISES, WHETHER FOR BREACH
OR IN TORT, EVEN IF flipside HAS BEEN PREVIOUSLY ADVISED
OF THE POSSIBILITY OF DAMAGE. YOU AGREE TO HOLD flipside
HARMLESS FROM, AND YOU COVENANT NOT TO SUE flipside
FOR, ANY CLAIMS BASED ON USING THE WEBSITE OR ACCESSING
THE MATERIALS PROVIDED.
9.
You expressly acknowledge and agree that flipside does
not exert control over users of the Website and is not
liable either for their opinions or their behaviour
including any information and/or advice and any defamatory
statements or offensive conduct. flipside is also not
to be taken to endorse or support the views held by
speakers, sponsors or participants at our events. To
the fullest extent permitted by law, flipside's liability
for breach of any implied warranty or condition which
cannot be excluded is limited at the option of flipside
to, in the case of services supplied or offered by flipside,
(a) the supply of the services again, or (b) the payment
of the cost of having services supplied again.
Termination
10. The Terms are effective until and unless
terminated by flipside, and flipside may terminate your
access to the Website or its event at any time with
cause. In the event of termination, you are no longer
authorised to access the Website or its event, but all
restrictions imposed on you, licenses granted by you
and all flipside disclaimers and limitations of liability
set out in the Terms will survive.
Trademarks of flipside
11. The flipside logo and “a different
view” are trademarks of flipside. All other trademarks
displayed on the Website, where applicable, are trademarks
of their respective owners. Nothing contained on the
Website should be construed as granting any license
or right of use of any trademark displayed on the Site
without the express written permission of flipside or
third-party owner.
12.
Any software that is made available for downloading
from this site is protected by copyright law and international
copyright treaty. The use of such software shall be
governed by the terms of the end user licence statements,
if any, which are included with the software ("Licence
Statement") of any third party providers.
Links to Third party websites
13.
The Website may contain links to other companies or
sites and/or logos of other other organizations operated
by third parties. These linked websites are not under
the control of flipside, and flipside is not responsible
for the material of any linked website or any link contained
in a linked website. flipside provides these links to
you where applicable, as a convenience only or to indicate
partnership or event endorsement where applicable. The
inclusion of any link does not imply any endorsement
of the linked website by flipside.
Local Laws
14. This agreement will be governed by and construed
in accordance with the laws of Malaysia. You irrevocably
and unconditionally submit to the jurisdiction of the
courts in the state of Selangor Darul Ehsan. If any
provision of this agreement is found to be invalid or
unenforceable by a court of law, such invalidity or
unenforceability will not affect the remainder of the
agreement which will continue in full force and effect.
15.
flipside controls maintains and operates this Website
from its office in Subang Jaya, Selangor, Malaysia.
flipside does not make any representation that these
Material are appropriate or available for use in locations
outside of Malaysia. If you use this Website from other
locations, you are responsible for compliance with the
laws of New Malaysia as well as applicable local laws
including but not limited to the export and import regulations
of other countries.
Miscellaneous
16. These Terms represent the entire understanding
relating to the use of the Website and prevail over
any prior or contemporaneous, conflicting or additional,
communications subject to any written agreement between
the user and flipside. flipside can revise these Terms
at any time without notice by updating this posting.
All reference to days refers to working days unless
otherwise specified.
Terms Governing Attendance and Registration for Events
Substitution
Policy | Confidentiality | Liability | Indemnity | Copyright
| Status | Warrant | Enforceability | Understanding
| Time | Variation | Remedies | Survival | Venue | Cancellation
and Payment Policy
1.
These terms govern you if you are purchasing attendance
to a flipside event and to your company if they provide
the payment, regardless of attendance or substitution.
Such participation includes the benefits listed therein
the Registration Form only.
2. Substitution Policy. You may confirm purchase of
attendance at an event by signing and returning a flipside
Registration Form, by sending an email or fax confirming
the event and payment details or by confirming the same
by telephone. Substitutions are acceptable from the
you or your Company, where booked by your Company provided
that it is a substitution with persons of similar business
level and it is agreed upon by you and flipside prior
to the Event. flipside requires that substitutions be
informed at least 5 days prior to the event date.
3. Confidentiality. You covenant to keep all Proprietary
Information and any information concerning the management,
operations, properties, business or procedures of flipside,
which is or may be exchanged with you and which is not
in the public domain secret and confidential. The obligations
in this Clause shall continue to apply after the event.
You hereby acknowledge and accept that flipside may
forward certain information concerning your participation
to the Speakers and to the Sponsor(s) (where applicable).
Should you not be agreeable to any of the information
that may be forwarded, you should communicate the same
to flipside.
4. Liability. You acknowledge and accept that, to the
extent permitted by law, flipside shall be under no
liability to you whatsoever, whether in contract or
tort (including, without limitation, negligence), breach
of statute or any other legal or equitable obligation
in respect of any other loss or damage. In making arrangements
with third parties for carriage by air, hotel accommodation,
transportation, restaurants and otherwise, flipside
acts only as agent of the Attendee and does so on the
express condition that no liability of any kind howsoever
caused shall attach to flipside in connection with or
arising out of such arrangements. flipside shall not
be held liable for any behaviour resulting from any
attendee's excessive consumption of alcohol.
5. Indemnity. The Attendee hereby indemnifies and holds
flipside harmless from and against all and any costs,
damages and expenses, which are incurred by the Attendee,
its agents and employees.
6. Copyright. The Attendee acknowledges and accepts
that copyright in the whole and/or part of the Event
is and remains the property of flipside. Action for
unauthorised use or access will be taken.
7. Status. This Agreement is not intended to create
a relationship of partnership, joint-venture or agency
between the parties and neither parties shall hold itself
out as being so related. All Attendees are independent
contractors.
8. Warrant. Each party warrants that it has authority
ability and power to enter and perform its obligations
and the acts required of it under this Agreement and
shall do all such things to give effect to this Agreement.
9. Enforceability. Any clause or part of a clause of
this Agreement which is unenforceable, illegal or void
is severed and is ineffective only to that extent within
that jurisdiction and the rest of this Agreement remains
in force.
10. Understanding. This Agreement in conjunction with
the Registration Form signed or communicated to flipside
contains the entire agreement and understanding between
the parties on everything connected with the subject
matter and supersedes and merges any prior agreement
or understanding on anything connected with that subject
matter.
11. Time. Time is of the essence in dealings with Attendees
in relation to these events.
12. Variation. An amendment or variation to this agreement
is not effective unless it is in writing and signed
by the parties.
13. Remedies. Except where otherwise specified, the
rights and remedies granted to a party under this Agreement
are cumulative and in addition to, and not in lieu of,
any other rights or remedies which the party may possess
at law or in equity.
14. Survival. The terms of this Agreement survive its
termination to the extent permitted by law. This Agreement
shall be binding upon the heirs, executors, administrators
and successors in title of the parties.
15. Venue. The Attendee further agrees to abide by the
terms and conditions of the venue owner, the terms of
which may be furnished on request.
16. Cancellation. The Attendee acknowledges that no
other warranties, representations or acknowledgements,
written or verbal, have been made which are not reflected
herein.
i. Cancellation. Should the Attendee's behaviour at
any point for any reason, including but not limited
to, delay in provision of the necessary information
or excessive alterations to requirements have any effect
on the smooth operation of the Event, flipside maintains
the right to cancel the Attendee's booking by written
notification.
ii. Dispute Resolution. The Attendee agrees to resolve
in good faith any dispute in a spirit of goodwill and
compromise through a mediator.
Payment Policy
1. The terms of payment for attendee registrations at
any flipside event is strictly within seven (7) working
days of receipt of an invoice from flipside.
2.
All payments shall be made in full unless otherwise
agreed and shall be evidenced by an official receipt.
The receipt shall only be considered valid upon clearance
of all monies/funds. An invoice will be sent by fax
or email to the relevant cardholder or accounts personnel
upon receipt of the Registration Form.
3.
Where the registration is received less than seven (7)
days from the date of the Event, full payment shall
be made the day preceding the Event unless prior special
arrangements have been discussed and agreed upon.
4.
flipside reserves the right to charge interest at the
rate of 1.5% per month on any overdue account.
5.
All invoices and receipts are computer generated and
therefore require no signature.
Cancellation and Refund Policy
i. Cancellation by the Company. flipside shall not be
held responsible for any loss or damage consequent upon
the postponement or cancellation thereof. Individual
companies or individuals may take out insurance coverage
through their own brokers. Should the event be cancelled
for reasons outside of the Company's control, attendees
who have paid for attendance will be given a refund
or a credit at a future event valid for a period of
one (1) year. All refunds paid shall be processed within
60 working days of the receipt of the written request.
ii. Postponement by the Company. Should the event be
postponed, attendees who have paid will be given an
automatic credit to attend the postponed event. Alternatively,
an attendee may request in writing for a full refund.
All refunds paid shall be processed within 60 working
days of the receipt of the written request.
iii. Cancellation by the Attendee.
On receipt of the Registration Form, a seat is reserved
for the Attendee and payment will be due. The late delivery
of an invoice shall not mean that the monies due are
not payable. An attendee who wishes to cancel his registration
shall do so as soon as possible after the decision so
as not to incur a cancellation fee.
iv. Cancellation by the delegate- cancellation fees
applicable
Cancellation > 30 working days before attendance
of or access of the Event
No cancellation fee payable
Cancellation < 30 working days of the Event
Cancellation
fee equivalent to 25% of the fee as stated on the Registration
Form shall be due and payable
Cancellation
< 15 working days of the Event
Cancellation
fee equivalent to 50% of the fee as stated on the Registration
Form shall be due and payable
Cancellation
< 7 working days of the Event, on the Event day or
after the Event
Cancellation
fee equivalent to 100% of the fee as stated on the Registration
Form shall be due and payable
v.
Payment of cancellation fee. The cancellation fee shall
be deducted from the payment made already and where
there is a refund of the balance applicable, the refund
of the balance shall be returned to the attendee. Where
no payment has been received, the cancellation fee shall
be payable within 14 working days of notice of fee being
applicable.
vi. The Cancellation Policy applies regardless of whether
payment has been received from the attendee or not.
Special Conditions
none at present
Conferences
- Terms and Conditions Governing Sponsorship
Award
of Sponsorship.
1. All sponsorships will be deemed confirmed on receipt
of signed Sponsorship Registration Form by Flipside.
2.
Sponsorships shall be awarded on a first come, best
dressed policy.
3.
Flipside retains the right to reject any sponsors or
cancel any sponsorship as it deems appropriate or where
it believes that there may be a conflict of interest.
4.
The details of the sponsorship shall be outlined in
the Sponsorship Package details as provided to the sponsor
and thereafter in the Sponsorship Registration Form
signed.
Time is of the essence.
5. Time is of the essence. As such, once a Sponsorship
Registration has been signed, it should be returned
to Flipside as soon as possible. The Sponsor shall also
do all that is necessary to provide all relevant material
to Flipside that shall form part of its event marketing
or promotional initiatives. Any materials provided for
marketing or promotional initiatives after the due dates
shall not form part of the marketing or promotions for
the event.
Benefits and Responsibilities
6. The Sponsorship Registration only includes the benefits
as described in the Sponsorship Registration Form and
does not include conference registration unless specifically
stated therein.
7.
All Sponsorship materials for the event marketing or
promotional initiatives shall be submitted as soon as
possible after the Sponsorship Registration Form is
signed. All other Sponsorship materials (eg brochureware,
materials for handout to participants) shall be submitted
to Flipside on the due dates mentioned. Any transport
or courier charges for delivery of any materials shall
be borne by the Sponsor.
8
. The Sponsor shall not distribute or do anything other
than as specified in the list of benefits in the Sponsorship
Registration Form. Any form of solicitation to conference
participants shall not be tolerated. Where a speaking
position forms part of the benefits, the Sponsor shall
present on the topic only. The Sponsor shall not carry
out a sales pitch nor shall the Sponsor include any
discussion or elaboration on promotional products or
Sponsor services or products unless it bears direct
relevance to the topic presented on.
9.
The Sponsor shall not assign its rights under the Sponsorship
Registration Form unless, agreed to in writing with
Flipside, prior to the assignment.
10.
Flipside shall not be liable for any damage or loss
to any of the Sponsor's properties or merchandise, no
matter howsoever caused.
Exhibition Booths
11. Where the Sponsorship Registration Form
includes Exhibition Booth benefits, the Sponsor shall
comply with the relevant terms and conditions for affixing
any materials to walls, floors or other surfaces at
the venue where the Conference or event is held. Where
damage is caused, the Sponsor shall be exclusively and
completely liable for such damage or loss.
12.
Where the Sponsorship Registration Form includes Exhibition
Booth benefits, and the installation of the exhibits
is deemed objectionable, unsafe or detracts from the
Conference, Flipside may request the Sponsor to remove
such exhibit or element of the exhibit and the Sponsor
shall remove such exhibit or element thereof immediately.
Flipside shall not be deemed liable for any damage or
loss resulting from such removal.
13.
Where the Sponsorship Registration Form includes Exhibition
Booth benefits, it shall be the responsibility of the
Sponsor to provide all necessary materials for the set
up and installation of the Exhibition Booth. Flipside
shall only provide the space for the booth to be installed.
14.
All Sponsors shall be deemed to agree to the terms and
conditions of the venue hirer. Venue hirer terms shall
be provided on request.
Programme Changes
15. Flipside reserves the right to make changes to the
Conference programme, participants, dates and venue
or any other changes as it deems appropriate or necessary.
Flipside shall not be deemed liable for any damage resulting
from such change.
Laws
16. The Sponsor agrees to comply with all applicable
Federal and State laws and regulations with regard to
its Sponsorship of the Conference.
17.
Flipside does not maintain any insurance covering the
Sponsor. The Sponsor shall maintain its own insurance
coverage in this respect.
Payments
18. All Sponsorship Registrations cannot be processed
or acted upon without full payment. Funds payable are
in the currency as mentioned in the Sponsorship Registration
Form.
19.
Payment Terms
i) On execution of this Sponsorship Registration Form,
the Sponsor agrees to pay the full Sponsorship Fee as
described in the Sponsorship Registration Form. At the
very latest, payment shall be received within 7 days
of receipt of the invoice from Flipside. The Sponsor
shall not be entitled to retain any Sponsorship Benefits
without Flipside's receipt of full and final payment
of the Sponsorship Fee. Flipside reserves the right
to cancel the sponsorship if payment is not received
when due.
ii) All payments shall be made in full unless otherwise
agreed and shall be evidenced by an official receipt.
The receipt shall only be considered valid upon clearance
of all monies/funds. An invoice will be sent by fax
or email to the relevant cardholder or accounts personnel
upon receipt of the Registration Form.
iii) Where the sponsorship registration is received
less than seven (7) days from the date of the Event,
full payment shall be made the day preceding the Event
unless prior special arrangements have been discussed
and agreed upon.
iv) flipside reserves the right to charge interest at
the rate of 1.5% per month on any overdue account.
v) All invoices and receipts are computer generated
and therefore require no signature.
Cancellations
20. Cancellation by Flipside. Flipside retains the right
to cancel any Sponsorship Registration as it deems appropriate
and at any point in time. Upon cancellation, a full
refund of the Sponsorship Fee will be made, if this
was paid.
21.
Cancellation by Sponsor. Cancellation can be made expressly
by the Sponsor and shall thereby incur a Cancellation
Fee. However, default of any of the terms herein will
result in cancellation by the Sponsor and incur a Cancellation
Fee, depending on the time frame of the occurence.
* 4 months before the Conference - 100% refund of all
Sponsorship Fees paid
* 3 months before the Conference - 80% refund of all
Sponsorship Fees paid
* 2 months before the Conference - 70% refund of all
Sponsorship Fees paid
* 1 months before the Conference - 50% refund of all
Sponsorship Fees paid
* 3 weeks before the Conference - 20% refund of all
Sponsorship Fees paid
Force Majeure
22. Neither party shall be held responsible for any
delay or failure in performance of its obligations hereunder
to the extent such delay or failure is caused by fire,
flood, strike, civil, governmental or military authority,
acts of God, acts of terrorism, acts of war, epidemics,
the availability of the venue or other similar causes
beyond its reasonable control and without the fault
or negligence of the delayed or non-performing party
or its subcontractors.
Limitation of Liability
23. Flipside shall not be liable to the Sponsor
for any damage, loss, harm or injury to the Sponsor
or its property or business resulting from fire, accident,
insufficient participation or any other reason in connection
with the Conference. FLIPSIDE SHALL IN NO EVENT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA,
OR USE INCURRED BY THE SPONSOR, WHETHER IN ACTION IN
CONTRACT OR TORT, EVEN IF FLIPSIDE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FLIPSIDE'S ENTIRE
LIABILITY FOR DAMAGES HEREUNDER SHALL IN NO EVENT EXCEED
THE AMOUNT OF FEES PAID BY THE SPONSOR UNDER THE SPONSORSHIP
REGISTRATION FORM.
Indemnification
24. The Sponsor agrees to indemnify, defend and hold
Flipside and their respective directors, officers, employees
and agents harmless against all claims, demands, costs,
liabilities, losses or damages (including all reasonable
attorneys. fees) to persons or property, arising out
of or caused by :-(a) The Sponsor's installation, removal,
maintenance, occupancy or use of the Sponsor's exhibit
at the Exhibition or
(b) the gross negligence and willful misconduct of the
Sponsor and its employees, agents or representatives.
Miscellaneous
25. These terms and the Sponsorship Registration Form
constitutes the entire understanding between Flipside
and the Sponsor pertaining to the Sponsorship agreed
to.
26.
No failure or delay by any party in exercising any right
and remedy shall operate as a waiver thereof, and a
waiver of a particular right or remedy on one occasion
shall not be deemed a waiver of any other right or remedy
or a waiver on any subsequent occasion.
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