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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.
Terms Governing Attendance and Registration for Events
Substitution
Policy | Confidentiality | Liability
| Indemnity | Copyright |
Status | Warrant | Enforceability
| Understanding | Time | Variation
| Remedies | Survival | Venue
| Miscellaneous
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. Miscellaneous. 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 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
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
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Cancellation
> 30 days before
attendance of or access of the Event |
No
cancellation fee payable
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Cancellation
< 30 days of the Event |
Cancellation
fee equivalent to 25% of the fee
as stated on the Registration Form shall be due and payable
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Cancellation
< 15 days of the Event |
Cancellation
fee equivalent to 50% of the fee
as stated on the Registration Form shall be due and payable
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Cancellation
< 7 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
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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 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
1.
Applicable to the Enterprise Architecture for Government course
running on 21-23 March 2007.
i)
The
2 day with optional 3rd day course will be run at the discretion
of Flipside management. It may not be held if minimum numbers are
not met.
ii) The optional 3rd day course will only run if minimum numbers
for the 3rd day are met. In the event that the 3rd day course does
not run, the monies paid for the 3rd day course will be refunded
in full. However, registrations for the 2 day course will remain
and be governed by the terms herein. Cancellations by the attendee
will be subject to the terms herein.
iii) Should the 3rd day course not run and the monies for the 3rd
day be refunded, no other discounts will apply or be extended.
iv)
Offer expires 16 February 2007.
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