home store programme faculty contact
Home > Terms

 

terms

   

Terms governing Training Course Attendance
Terms governing Cancellation & Refund Policy

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

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. Events here include any type of course, whether technical, business, certification or more, regardless of geography, location, date, venue or time. Registration Forms can take the form of the registration form that Flipside sends to you, modified or not; email registration with details; or fax registration, wherein details of the organisation signing up are provided together with any other relevant details to indicate that they intend to register for a given course.

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.

17. Credit note. Where a credit note is issued for any reason, the time frame for use of the credit note is limited to 1 year from date of issue, unless specifically agreed otherwise in writing.

18. Where an invoice has been generated but the registration form has yet to be signed, the issuance of the invoice by Flipside is deemed to constitute registration by the client for the course and thereafter, acceptance of Flipside terms and conditions so applicable.

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.


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 for the course in full, will be given an automatic credit to attend the new nominated course dates arranged. 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/Postponement 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. Any change by the Attendee in regards to attendance whether cancellation or postponement is treated as cancellation in this regard.

iv. Cancellation/Postponement by the Attendee- Below is the calculation of cancellation fees applicable for any cancellation or postponement by the attendee. As these fees vary depending on the notice provided, you are advised to provide early notice to avoid fees being charged.

Cancellation/Postponement > 30 working days before attendance of or access of the Event
No cancellation fee payable

Cancellation/Postponement < 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/Postponement < 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/Postponement < 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. Administrative charges for move of course dates nominated by Attendee. If you decide to move course dates once you have signed up for a particular course date, you can transfer to another course date offered by the Company. However, please bear in mind two fees applicable : -
(a) there will be a cancellation/postponement fee applicable for your change and this rate is dependent on the notice period you've given to the Company.
(b) there will also be an administration fee equivalent to 3% of the course fee charged for moving you from the nominated course date to new course dates. The course date you select however, is subject to confirmation by the Company at the time. Courses may be postponed depending on number of registrations received.

vi. 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.

vii. The Cancellation Policy applies regardless of whether payment has been received from the attendee or not. Cancellation fees will be invoiced on notice of cancellation and is due seven (7) days from receipt of invoice.

viii. Exam Fees
(a) Some certification courses require the participant to take an assessment exam in order to be certified. These exams are provided and administered by a third party body, separate to and not related to Flipside. Their terms and conditions for assessment or qualification may change from time to time and any participant who takes a course with Flipside must keep up to date with the changes imposed by the third party body.
(b) Some examinations may be taken online from your own computer at a time frame convenient to you. Some examinations may be required to be taken at a test facility eg Prometric site. If the test needs to be taken at a test facility, you will be subject to the terms applicable to that facility.
(c) Exam fees are charged by the examination body or the umbrella body/association providing the certification. These exam fees may vary or increase from time to time.
(d) Courses run by Flipside are contingent on the number of registrations received per course scheduled. If for any reason the number of registrations received is smaller than required or there are a number of cancellations that affect the course being run, Flipside may postpone the course scheduled. In the event this occurs, Flipside takes no responsibility for losses by the participant in relation to their interest in the course advertised, including any terms imposed by third parties pertaining to exams to be held or exam fees paid by the participant.

Special Conditions
none at present

Home
About
Sitemap
Contact Us
Connect with Us on Facebook
Connect with Us on LinkedIn
Subscribe to our Newsletter
Read Archived Newsletters
FAQs
Terms of Use
Privacy

Copyright © 2013 Flipside Sdn Bhd. All rights reserved.