TERMS AND CONDITIONS
1) “SMART SF SDN BHD” is the Service Provider “Provider” for the products and/or services entered into this agreement and reference to “Provider” shall include Smart SF Sdn Bhd’s employee, staffs and/or authorised representatives.
2) The Provider shall act as the default collecting agent for products and services sold at the event and it may appoint such other authorised personnel to act on its behalf to perform its function herein.
3) References to “Registration Form” shall include the Registration Form together with the terms and conditions herein.
4) References to “Client” or “Clients” or “You” in this Registration Form shall be references made to the undersigned person.
5) References to “we” or “us” in this Registration Form shall be made to “Smart SF Sdn Bhd” or the “Provider”.
6) References to a “day”, “month” or “year” shall be constructed by reference to the Gregorian calendar and a reference to “business day(s)” or “working day(s)” shall mean a day (other than Saturday or Sunday) on which businesses are open in Kuala Lumpur and Selangor.
7) The Client hereby acknowledges and agrees that the Client has read and understood all the terms and conditions contained in this Registration Form and the Client hereby agrees that this Registration. Form together with its terms and conditions shall form a contract between the Client and the Provider. By signing on this Registration Form the Client expressly agrees to be bound by the terms and conditions herein.
8) In consideration of the products and/or services provided by the Provider, the Client shall make payment (“Registration Fee”) in favour of the Provider vis following manner: a) A lump sum cash payment equivalent to the Registration Fee upon the signing of the Registration Form whereupon the amount shall be made without offset, deduction or counterclaim unless otherwise agreed by the Provider.
b) The clients shall make an initial deposit of a minimum RM1,000 to lock in the special offer on the day upon agreed by the provider.
c) If the Provider has granted a monthly instalment scheme to the Client to make payment of the Registration Fee, the Client shall ensure prompt payment of each monthly instalment to the Provider without offset or deduction in accordance with the agreed instalment sum (“Instalment Sum”) on the specified monthly instalment date (“Instalment Date”).
9) All payment made under this Registration From shall be made in denomination of “Ringgit Malaysia” or “RM” and shall be made in the manner as specified in the Registration Form.
10) In the event the Client defaults or fails to make the Instalment Sum on the Instalment Date, the Provider may deem that all remaining sums unpaid under the Registration Fee to be payable immediately without the need for further demand. The Provider shall be entitled to impose a late payment interest of 8% per annum on all outstanding unpaid sum calculated on a daily rest from the date it comes due and payable until the Provider received the full amount due owing from the Client.
11) The Client hereby acknowledges that the Registration Fee shall not include any meals, travelling and accommodation expenses. The Provider shall not be obligated in any manner to reimburse any expense incurred by the Client as a result of attending the event or seminar organised.
Cooling Off Period
12) Upon the execution of the Registration Form, should the Client wish to cancel his registration with the provider, the Client shall within five (5) working days from the execution of the Registration Form, deliver a cancellation notice (including by way of electronic mail) to the Provider informing the Provider that he no longer wishes to receive the Provider’s services and/or products (“Cancellation Notice”). The Provider shall upon receipt of the Cancellation Notice refund to the Client all monies paid by cash and online bank transfer or a bank charges shall be imposed for the payment via debit / credit / charge card received by the Provider under this Registration Form within thirty (30) business days.
13) The Provider reserves the right to cancel the product/services under any circumstances or for any reason whatsoever which in the opinion of the Provider would make the product/services non-viable by written notice to the Client. The Client acknowledges and agrees that in the event the product/services are cancelled by the Provider, the Client shall be entitled to a full refund of the Registration Fee paid to the Provider and that the Client shall not claim for any costs, expenses, losses, damages or liabilities which may incur or suffered by the Client as a result of such cancellation.
14) The Client further acknowledges and agrees that any refund payable to the Client shall be made to the Client by the Provider within Thirty (30) days from the Provider’s written notice of cancellation, whereupon such full refund the Client shall have no further claims against the Provider in respects of the cancellation thereafter.
15) Save and expect as provided under Clause 12, 13, and 14, the Client hereby acknowledges that no request for a refund shall be entertained by the Provider and the Client shall ensure strict compliance with the refund policies provided under this Registration Form.
16) The Provider may consider such other request for a cancellation of the products/services other than those as set out under Clause 12,13,and 14 on a case to case basis however the Provider’s decision on the matter shall be final and binding. In the event the Provider agrees to grant a cancellation, the Provider shall be entitled at its sole discretion to impose a cancellation fee of 25% of the Registration Fee for the products/services that the Client has purchased.
17) Without derogating the generality of Clause 16, there shall be (a) no refunds allowed after 6 months from the execution of the Registration For; and (b) deposits on the Registration Fee made less or equal to RM1,000 shall not be entitled for a refund.
18) For the avoidance of doubt, no refund shall be made by the Provider as a result of the Client’s no show, late arrival, non-attendance or withdrawal from the event(s).
19) In the event that the Client is unable to attend the event which the Client has booked and paid for, the Client may transfer the ticket to a nominated new attendee provided that the Client shall within a period of 14 working days prior to the date of the event deliver a written notification to the Provider together with the full contact details of the nominated new attendee. An administration fee of RM100 shall apply.
Time and place
20) Time is of the Essence. Time wherever mentioned herein of of the essence of contract.
21) The payment of the Registration Fee entitles the Client to enter into an agreement directly with the Provider to receive Provider’s products and/or services.
22) The Client confirms that the Client have given a valid email address in the Registration Form. The Provider will not be responsible and/or liable for any delay and/or failure to deliver any information or notice in relation to the products and/or services to the Client resulting from the Client’s failure to supply a valid email address.
23) The Client agrees that the Provider reserves the right to amend, postpone, reschedule or cancel any event, timing, dates, venue and/or substitute the speaker for any events and/or live training.
24) The Provider shall notify the Client in writing on the changes made and for avoidance of doubt the changes affected shall not constitute a right for the Claim for a refund or for any costs, expenses, losses, damages or liabilities which may be incurred or suffered by the Client as a result of a change under Clause 22, save and except in the event of a cancellation of the event the Client’s right under Clause 12 shall apply.
25) In the event the Client is unable to attend an event which the Client has booked and paid for, the Client shall be entitled to reschedule his attendance to a future session, subject to the Client delivering to the Provider a written notice no less than 14 working days prior to the event date and further subject to availability of an alternative session.
Limitation of Liability
26) The Provider hereby declares that to the extent permissible under relevant laws, regulations and bylaws of the applicable jurisdiction: a) To exclude any terms, conditions, warranties or application of any terms, conditions, warranties in the Registration Form, which is void, illegal or unenforceable in any jurisdiction without effecting the validity, legality or enforceability of the remaining provision(S) of the Registration Form.
b) The liability of the Provider shall be restricted and limited to the total amount paid by the Client under this Registration Form and shall exclude any and ancillary or anticipatory losses, damages, claims, and/or loss of future income arising from breach of terms and conditions of this Registration Form.
c) The provider shall not be liable for any loss of opportunity, loss of profit, pure economic loss and/or indirect consequential losses or any actions, proceedings, claims, penalties, cost and expenses (including without limitation, all cost and expenses incurred in disputing or defending any claims on full indemnity basis) arising from the revision of the Client to purchase the Provider’s products and/or services or anything pertaining thereof.
d) The provider shall not be liable for any loss of reputation, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of use, whether or not the type of loss was foreseen or reasonable foreseeable; or any special, indirect or consequential loss, costs damage, charges, or expenses suffered by the Client.
27) The Client hereby acknowledges that the materials and information provided during the event(s) are for educational purposes only on and “as is” basis without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, the Provider disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of marketability and fitness for a particular purpose. Any information and statement made by the Provider during the event(s) shall constitute an opinion from the Provider and whilst the Provider has taken steps to ensure all material information which the Provider reasonably believes to be accurate as of the time of the event, the Provider does not guarantee, warrant or assume responsibility for the accurate and completeness of the sources and the information and the Client is expected to exercise his own discretion and informed judgement in verifying and deciding on any and all information and/or statements made by the Provider throughout the event.
28) The Client agrees to accept full responsibility over his purchase, participation and/or the result of any decisions made after attending the course(s) or event(s) organised by the Provider. The Provider, its affiliated entities, associates and any of its representatives accept neither responsibility nor liability nor will it indemnity the Client for any and all costs, expenses, losses, damages, liabilities, which may be incurred or suffered by the Client as a result of such decisions made independently by the Clients.
29) The Client is expected to exercise its discretion and informed judgement in deciding on suitability of the products/services provided by the Provider and the Provider does not warrant or represents the marketability or any income to be generated by the products or services provided. The Client hereby further acknowledges ad agrees that the product/services may contain variable investment risk and the Client shall seek independent professional advice on his risk exposure on the products and services provided and the Provider shall not be held liable for any losses incurred as a result thereof.
30) If any provision of products and/or services as contemplated in this Registration Form is/are prevented or cancelled due to an Act of God, inevitable accident, Fire, blackout flood or any other calamity or by reason of riots, strikes or lockouts, or any other events beyond the control of the Provider, the Provider may at its option postpone the event(s) from the original schedule and the Client shall not be entitled to claim for a refund or for any costs, expenses, damages or liabilities which may be incurred or suffered by the Client as a result of such postponement.
Use of Data and Delivery of Notices
31) The Client hereby agree that the Client shall provide accurate, current and complete information as may be required in the course of purchasing the products/services (hereinafter collectively referred to as “Client’s Details”). It shall be the obligation of the Client to maintain and update the Client’s Details as required to ensure it is accurate, current and complete. The Client further agrees that the Provider shall be authorised to store and maintain the Client’s Detail (including payment card information) for the purpose of the Client’s account held with the Provider.
32) All notices and other communications shall be made to the addresses specified in the Registration Form.
33) For the purposes of the Provider’s business operations, the Client hereby acknowledge that the Provider will be required to maintain and hereby consent to its maintaining paper and electronic records detailing the Client’s Details. The Client further acknowledge that the Provider is required under the Personal Data Protection Act (PDPA) 2010, to obtain the Client’s explicit consent when it collects and processes the Client’s Details, and the date are collected and process for the purpose of assessing your application products and services that you have enrolled for and/or purchases and to respond to you enquires and complains and to resolve disputes.
34) By signing this Registration Form, the Client hereby declared that he has read and understood, and agreed to be subjected to terms and conditions of this Registration Form for the retention and disclosure of personal particulars and expressly consenting to and authorising the Provider to collect, hold, use, delete, disclose, transfer, administer and process in any other way, all the Client’s Details (including sensitive personal data and personal data of other party provided by you) given now or that is subsequently obtained from time to time for the purposes herein.
35) Any notice or request demand 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:- a) 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;
b) If it is given by either party and dispatched by hand to the party to be served;
c) if it is given by emails by either party, when the sender’s email system confirming successful transmission of such notice.
36) The Client confirms that the Client understood the scope and extent of the products and/or services covered and the Client acknowledges that the effectiveness of the products and/or services provided to the Client shall by at large depend on factors not under the control of the Provider and the profitability of the same is not guaranteed.
37) The Client hereby gives his consent to the Provider to contact the Client by phone, email, SMS, or other means in regards to the product and services and future opportunities. The Client further consent to his email address being used for the mailing list of the Provider for the purposes of notification of products and/or services being offered by the Provider and/or its affiliates. The Provider hereby assures that the Client’s contact number and email address shall kept confidential, and shall not be published sold or disclosed to unauthorised third parties without the Client’s explicit consent. The Client may remove himself from mailing list at any time by using the unsubscribe link provided at the bottom of each email sent by the Provider.
38) The Client hereby agrees that any purchase decisions are not influenced by any prior relationship or dealings with the Provider or any of its officers, directors, employees or representatives. Should the Client enter into a contractual relationship with the provider or any other particulars (of the event) at/or subsequent to the event(s), the Client shall do so at his oen risk and the Client is expected to exercise his own informed judgement on the matter and the Provider shall not be held responsible or liable to indemnify the Client with regards to any contracts or relationships entered into between the Client with the Provider or any of the participants during the event(s).
39) The failure to exercise or delay in exercising any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of any power or right preclude any other or further exercise of it, or the exercise of any other power of right. A power or right may only be waived in writing signed by the party to be bound by the waiver.
40) If any provision of this Registration Form is held to be illegal, invalid, or unenforceable in whole or in part in any jurisdiction, this Registration From and its content shall, as to such jurisdiction, continue to be valid as to its other provisions and the remainder of the affected provisions and the legality, validity and enforceability of such provision in any other jurisdiction shall unaffected.
41) This Registration Form may not be varied expect in writing signed by the both parties to it.
42) Any dispute or difference or claim of any kind arising out of or in connection with Registration Form (including any dispute to refunds, or to its validity for any reason whatsoever, or for breach or termination of the agreement or as to any claims in tort, equity or pursuant to any statue or law) shall be resolved by the parties through amicable negotiations in good faith and by reasonable and appropriate means.
43) This agreement constitutes the entire agreement made between the Provider and the Client concerning this transaction and replaces all previous communications, arrangements, representations, understandings and agreements, whether verbal or written between the parties to this Agreement or their representatives. No representations or statement of any kind made by either party that are not expressly stated in this Registration Form shall be binding on such parties.
44) This Agreement shall be governed by, and constructed in all respects with, the laws of Malaysia.
45) The Provider reserves the right to alter terms and conditions without prior notice.
For more information, please contact:
Smart SF Sdn Bhd (Reg no. 1182546-D)
Address: No.28-10, Q Sentral,
Jalan Stesen, Sentral 2,
KL Sentral, 50470 Kuala Lumpur.
Phone: +6012 7079488