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