TERMS AND CONDITION
- You have agreed to purchase from us the Seminar offered by us.
- You hereby acknowledged and agreed that you have read all the terms and conditions contained in this Order Form (“Order Form”) and you agreed that this Order Form together with these Terms and Conditions from a contract between you and us.
Investment and Payment
- You must pay to us in consideration of a place at the Seminar Service:-a) The Investment sum in one lump sum on the signing of the Order Form by you without set off, deduction or counterclaim unless otherwise agreed;
b) If we have agreed that you may pay by Installment, you must pay each installment to us in full and without set off or deduction the installment Sum on the installment payment date.
- Payments made under this agreement must be made by the means specified in the Order Form.
- Should you not pay to us an installment sum by the installment Payment Date for that Sum then all monies owing by you to us shall become due and owing and must be immediately paid to us without set off or deduction nor counterclaim and without need for further demand.
- You hereby acknowledged and agreed that the Investment sum shall not include any meals, travelling expenses and accommodation. For the avoidance of doubt, we shall not be responsible for the reimbursement of any expenses which may be incurred by you as a result of attending the seminar.
Cooling Off Period
- This agreement shall be voided if you advise us in writing, within five(5) working day of signing the Order Form, that you no longer wish to receive our seminar service by delivering or sending (including by electronic mail) a written cancellation notice to us (hereinafter referred to as “Cancellation Notice”). We will refund to you all monies or part thereof which you have paid under this Agreement with thirty(30) business days from the date we are of receipt of such Cancellation Notice.
- We may cancel the Seminar Services for any reason whatsoever by written notice to you. You hereby and agree that in the event the Seminar Services are cancelled by us, you are only entitled to a refund of the payment which you have paid to us free of any interest and charges and that you shall not be entitled to suffered by you as a result of such cancellation.
- You further acknowledge that we shall have no further liability to you in respect of the cancellation.
- You acknowledge that you be entitled to and shall not claim a refund by strict compliance with Clauses 11, 12 and 17 hereof. You further acknowledge that this is an essential term of this agreement which we rely.
- You acknowledge and agree that any request for cancellation of the Seminar Services after the Cooling Off Period referred to in Clauses 11 above shall be subject to the sale discretion and approval of OS, Should OS agree to the cancellation, you shall be charged a cancellation fee of twenty-five percent (25%) of the Seminar Fee for the Seminar Services that you have enrolled on.
a) No refunds cancellation are allowed after 6 months from the signing of this agreement for all programs (Value Success & Ala Carte)
b) Deposit of less than or equal to RM500 will not be refunded but will instead be credited for use at future Om Space Sdn Bhd events.
- For the avoided of doubt, we shall not refund any sums to you as a result of your late arrival to, non-attendance of or withdrawal from, the Seminar Services
- Except for Value Success package, in the event that you are unable to attend the event you have booked and paid for, you can transfer your ticket to nominated new attends subject to written notification to us together with the full contact details of your nominated new attendee, at least 14 working days before the event starts. An administration fee of Rm100 will apply.
- Should you wish to transfer yourself to the next run of the seminar you have booked and paid for, the transfer fee of RM100 is applicable. For seminar in Value Success Package, see Clauses 41-43.
Time and Place
- Your payment of the full investment entitles you the right to:-
a) a seat to receive Seminar Services during the seminar hours as agreed or to be confirmed by us.
b) to receive a copy of the materials (if any) (subject to Clauses 21, 22 and 23 below);
- You hereby confirm that you have given a valid email address and accrue contact details in the Order Form. We shall not be responsible and / or liable for any delay and/or failure to supply a valid email address and the accurate contact details.
- You hereby agree that we reserve the right to amend and/or cancel any event,timing,dates and venue and/or substitute the speaker for any live training. We will notify you in writing of the changes made and you shall not be entitled to any claim for a refund or for any cost, expenses, losses, damages or liabilities which may be incurred or suffered by you as a result of such cancellation or amendment or changes.
- We shall have all the right, title and interest in all intellectual property used by us in performing the Seminar Services (subject to the right of the presenters) and all intellectual property we may develop as a result of the performance of the Seminar Services.
- In performing the Seminar Services for you, we do not transfer the title to you in any intellectual property and title to all such intellectual property remains with us.
- We grant you a personal, non-exclusive, non-transferable, non-sublicensable, recoverable, license to use the Material strictly for personal non-commercial purpose only. Any other use or exploitation of the Material is strictly prohibited and may result in criminal or civil action.
- You may not:-
a) Alter any of our intellectual property or the Materials; and/or
b) Use any recording device or record the Seminar; and/or
c) Sell the intellectual property or Material (“IP”) or supply the the P to any other third party.
Limitation of Liability
- exclude all the terms, conditions and warranties implied by custom, the general law or status, or which cause any part of the agreement to be void (“Non-excludable condition”); and/or
- limit our liability to you for breach of an Non-excludable Condition to the total amount actually paid by you under this agreement; and/or
- limit our liability to you for any claim (whether arising in contract, tort or statute) for any loss or damage whatsoever suffered by you in relation to providing the opportunity to you to purchase the Seminar Services to the total amount actually paid by you under this agreement; and/or
- exclude all liability for consequential damage (including but not limited to, lost of revenue or loss of profit) suffered by you in any way relating to the revision of the opportunity for you to purchase the Seminar Services or your exercise of rights under this agreement; and/or
- shall not be liable to you for any loss of profits, loss of revenue or income, loss of business, loss of reputation depletion of goodwill and/or similar losses, lost of anticipated savings, loss of opportunity, loss of use, whether or not the type of loss was foreseen or reasonably foreseeable; or any special, indirect or consequential loss, costs, damages, charges or expenses suffered by you.
- If the provision of Seminar Services as contemplated by this agreement are prevented or cancelled because of an Act of God, Inevitable accident, fire, blackout, flood, or any other calamity, or if by reason of riots, strikes or lockouts, or any other events beyond the direct control of OS, OS may at its option postpone the delivery of the Seminar Services from the original schedule and you are not entitled to claim for a refund or for any costs, expenses, losses damages or liabilities which may be incurred or suffered by you as a result of such postponement.
- You hereby agree that you shall provide accurate, current and complete information as may be required in the course of purchasing the Seminar Services (hereinafter collectively referred to as “Client’s Details”). You further agree to maintain and update the Client’s Detail as required to keep it accurate, current and complete.
- You further agree OS may store and use the Client’s Details provided by you (including payment card information) for use in maintaining your account.
- All notice or other communications must be made to the addresses specified in the Order Form.
- Any notice or request deemed necessary to be served by either party hereto to the other under the provisions of this Agreement shall be in writing and shall be deemed to be sufficiently served:-
- If it is given by either party by prepaid registered post addressed to the other party to be served at his/her/their address hereinbefore mentioned;
- If it is given by either party and dispatched by hand to the party to be served;
- If it is given by emails b either party, when the sender’s email system confirming successful transmission of such notice.
- The non-exercise of or delay in exercising any power or right of a party does not operate as waiver of that power or right, nor does any single exercise of any power right preclude any other or further exercise of it or the exercise of any power or right. A power or right may only be waived in writing , signed by party to be bound by the waived.
- Any provision in this agreement which is invalid or unenforceable in any jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the validity or enforceability, without affecting the validity or enforceable of that provision in any other jurisdiction.
- This agreement may not be varied except in writing signed by the other party.
- Should any provision of this agreement be held by a Count to be unlawful, invalid, and unenforceable or in conflict with any rule, statute, ordinance or regulation the validity and enforceable of the remaining provisions will not be affected.
- Entire Agreement, This Agreement constitutes the entire Agreement between OS and you concerning this transaction and replaces all previous communications, arrangements, representation, understandings, and Agreements, whether verbal or written between the parties to this agreement or their agreement or their representatives, No representations or statements of any kind made by either party that are not expressly stated in this Agreement shall be binding on such parties.
No Guarantees / Warranties
- You confirm that you have been explained the scope and extent of the product and/or services covered and you acknowledge that the effectiveness of the Seminar Services provided to you depend on facts not under the control of OS and the profitability of the same is not guaranteed.
- You hereby confirm that you consent for Om Space to contact you by phone, email, SMS, or other means in regard to this purchase and future opportunities even if your telephone number is on the National Do Not Call Registry. You further consent to your email address being used for the mailing list of OS for purposes of notification of products and/or services being offered by OS and/or its affiliates. Your contact number and email address are kept confidential, and never will be published, sold or disclosed to third parties the without your explicit consent. You can remove yourself from emails at any time by using the unsubscribe link provided at the bottom of each email we send.
- You agree to accept full responsibility of your purchase, participation and/or the outcome of any decision made after attending any OS seminars or events. OS and its affiliated entities, associates and any or representatives accept neither responsibility nor will it indemnify you for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by as result of these decisions.
- You agree that any purchase decisions are not influenced by any prior relationship or dealing with OS or any of its officer, directors, employees or representatives. Should you enter into a contractual relationship with any trainer(s) and/or any OS representative(s) at/or subsequent to the event, you do so at your own risk, and acknowledge that OS has neither responsibility for, not liability with regards to, any contracts or relationship entered into between yourself and the trainer(s) and/or OS representative(s).
- You acknowledge and agree that while the trainer’s presentation at the event is with the consent of OS, OS assumes no responsibility for the accuracy or appropriateness of any information provided at the event by the trainer(s).
Validity Period of Seminar Services
- The validity period for Value Success Package is only for 18 months from the end of the Cooling Off Period (see Clauses 7).
- The validity period for Ala Carte Program is only for 12 months from the end of the Cooling Off Period (see Clauses 7).
- Registrans of the Value Success Package must attend all programs in the package. No individual Program is transferable to another person. There is no credit for Seminars not completed within this time and any balance outstanding under this Agreement will become due and payable immediately following the expiry of 18 months from the date this Agreement unless reschedule in accordance with Clauses 17 but you shall have no claim against is for refund.
- If you wish to extend your Value Success Package beyond the validity period, an extension fee of RM1000 is payable for an extension of another 18 months, thereafter it will be forfeited.
We reserve the right to alter the terms and conditions with prior notice.