Terms and Conditions

VerticalDistinct.com (the “Website”) is a service owned and operated by Vertical Distinct Sdn Bhd (“Vertical Distinct”). Vertical Distinct is keen to provide :

i. all Website visitors with a highly interactive and positive experience, while protecting our rights and the rights of our users. Please see the section below called Vertical Distinct – Website Terms;
ii. to all those who decide to purchase our courses, information about the terms for course attendance, what to expect in terms of these courses as well as information on applicable cancellation or refund terms. Please see the section below called Vertical Distinct – Terms of Service Pertaining to Courses; and
iii. information as to ongoing, one-off or specific duration promotions, offers or deal and the terms applicable to these offers. These terms are in addition to the terms above. Please see the section below called Vertical Distinct – Special Terms on Promotions, Offers or Deals.
iv. to all those who attend any any business functions presented by Vertical Distinct whether these are meetings, discussions, briefings, breakfast Roundtables, cocktail functions or any other business function. These terms will also apply. Please see the section below called Vertical Distinct – Terms of Service Pertaining to Roundtables and/or Business Functions Delivered.

 

These Terms of Service govern :-
i. your use of the Website, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. See the Section below entitled “Vertical Distinct – Website Terms”;
ii. any courses offered and purchased, whether such purchase is conducted via the website or other means, whether such purchase is cancelled at some point by either party and regardless of whether such course booked or purchased was in fact attended. See the Section below entitled “Vertical Distinct – Terms of Service Pertaining to Courses”; and
iii. any terms that are related to promotions, offers or deals which we may run from time to time, that are time-sensitive. The terms governing these promotions, offers or deals, where they relate to courses that are offered or co-offered by Vertical Distinct, are in addition to the specific terms relating to the courses themselves. See the Section below entitled “Vertical Distinct – Special Terms on Promotions, Offers or Deals”.

Your use of the Website is a confirmation that you have read and agree to these Terms of Service. These Terms of Service are a binding contract between you and Vertical Distinct, regarding your use of the Website or the delivery of any services by Vertical Distinct. If you do not agree with any term, please exit the Website.

All parties who book, express interest in a course/courses, register for a course, pay for a course are bound by the terms below. All bookings, registrations or payments, whether partial or full, towards courses listed are done on the express acknowledgement and agreement that the terms herein are binding on them.

Vertical Distinct – Website Terms

1. The Website Content

1.1 All of the information, content, services and software displayed on, transmitted through, or used in connection with the Website, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to this website, including without limitation, the selection and arrangement of the aforementioned and the “look and feel” of this website (collectively, the “Content”), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of Vertical Distinct, and its affiliated companies, licensors and suppliers. Any copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, whether directly or indirectly, of any part of the Website, is strictly prohibited.

1.2 The Content includes logotypes, trademarks and service marks (collectively “Marks”) owned by Vertical Distinct, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in advance.

1.3 You may use the Content online and solely for your personal and non-commercial use. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by Vertical Distinct. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of Vertical Distinct.

1.4 If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please contact us at [email protected]. Provide information pertaining to the copyright work claimed to have been infringed together with contact details (full name, address, telephone number and email address).

2. Membership and Registration

2.1 Certain areas of the Website may require registration to access certain content. The decision to provide this information is purely optional. If you choose not to provide such information, you may not be able to access certain content or features. When you register or become a member of the Website or provide information to the Website in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited.

2.2 If you become a member of the Website, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the Website using your name in whole or in part. Vertical Distinct reserves the right to terminate membership and deny access to the Website to any person who violates these Terms of Service.

2.3 When you register on this website, you do so on the understanding and acceptance of all these terms and conditions outlined here. Any registration that you proceed with via social sign-in or any social media platform is done on the understanding and acceptance of all terms and conditions outlined here as well.

3. Other Information Content Providers

3.1 The Website is a distributor of content supplied by other information content providers such as bloggers and commenters. We use these providers to enhance your experience on the Website. The Website is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by Vertical Distinct.

4. User-Generated Content: Comments

4.1 The Website’s interactive areas are provided to give users a forum to express their opinions and share ideas. To protect your safety, please use your best judgment when submitting information to the Website.

4.2 By placing material on, or communicating with, the Website, including for example by posting a comment to a story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You grant Vertical Distinct, its affiliates and related entities, including the Website, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of the Website, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize Vertical Distinct to include the information you provide in a searchable format that may be accessed by users of the Website and other Vertical Distinct websites. You also grant Vertical Distinct and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant Vertical Distinct the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.

4.3 Vertical Distinct does accept unsolicited materials and ideas for use and/or publication. If such submissions are reviewed and deemed acceptable, you will be contacted. However, we will not be able to revert to each and every unsolicitied material submitted.

5. Posting Rules

Freedom of speech is encouraged. However, as this is a communitiy, there are certain ground rules in place for everyone’s benefit. Vertical Distinct reserves the right to remove any content posted on the Website at any time for any reason. When using the Website, please do not post material that:

  • contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
  • violates any right of Vertical Distinct or any third party.
  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
  • violates any laws, regulations or ordinances, or attempts to encourage such an evasion or violation.
  • unfairly interferes with any third party’s uninterrupted use and enjoyment of the Website.
  • advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
  • uploads copyrighted or other proprietary material of any kind on the Website without the express permission of the owner of that material.
  • uses or attempts to use another’s account, password, service or system except as expressly permitted by these Terms of Service.
  • includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
  • uploads or transmits viruses or other harmful, disruptive or destructive files.
  • disrupts, interferes with, or otherwise harms or violates the security of the Website, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Website or affiliated or linked sites.
  • “inflames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
  • is unrelated to the specific interactive area or the interactive area’s topic.
  • disguises the origin of the post.
  • collects or stores other users’ personal data.

A violation may be referred to law enforcement authorities. Vertical Distinct reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

6. Website Security Rules

6.1 You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing”, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Vertical Distinct will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.

7. Communications With Third Parties Through the Website

7.1 Your dealings or communications through the Website with any party other than the Website are solely between you and that third party. Under no circumstances will Vertical Distinct be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction.

8. International Users

8.1 The Website is controlled, operated and administered by Vertical Distinct from its offices within Malaysia. If you access the Website from a location outside Malaysia, you are responsible for compliance with all local laws.

9. Modification

9.1 Vertical Distinct shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of the Website shall constitute your acceptance of any changes. Vertical Distinct shall have the right at any time to change or discontinue any aspect of the Website, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.

10. Disclaimer

10.1 ALL MATERIALS AND SERVICES ON THE WEBSITE AND THIRD-PARTY SITES TO WHICH IT LINKS ARE PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. VERTICAL DISTINCT IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE WEBSITE. VERTICAL DISTINCT IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SERVICES, AND VERTICAL DISTINCT DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VERTICAL DISTINCT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES.THE CONTENT PUBLISHED ON THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON THE WEBSITE. VERTICAL DISTINCT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. THE WEBSITE OFFERS A SEARCH FEATURE WITHIN THE SITE BUT VERTICAL DISTINCT DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. VERTICAL DISTINCT ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. VERTICAL DISTINCT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THE WEBSITE AND/OR THE CONTENT CONTAINED THEREIN. VERTICAL DISTINCT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.

11. Indemnity/Limitation of Liability

11.1 AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VERTICAL DISTINCT AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING LEGAL FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF THE WEBSITE; (B) VERTICAL DISTINCT’S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. If you are dissatisfied with any VERTICAL DISTINCT material, or with any of VERTICAL DISTINCT’S terms and conditions, your sole and exclusive remedy is to discontinue using the Website.

11.2 Under no circumstances, including, but not limited to, negligence, shall Vertical Distinct, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorised access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Vertical Distinct is not liable for any conduct of any user.

12. General

12.1 These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Website; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall take precedence.

12.2 These Terms of Service have been made in and shall be construed and enforced in accordance with the laws of Malaysia. Any action to enforce this agreement shall be brought and in and you agree to submit to the exclusive jurisdiction of the federal or state courts located in Malaysia. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of Vertical Distinct to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to Vertical Distinct, and all other provisions for which survival is equitable or appropriate. Vertical Distinct may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

Vertical Distinct – Terms of Service Pertaining to Courses

1. General

1.1 These terms of service cover your participation at any courses or events run or managed by Vertical Distinct Sdn Bhd whether seminar, workshop, conference or briefing, whether such course is delivered in public, or privately on-site or any third party location or any other course offered (the “Course” ). These terms are in addition to any specific terms you have agreed to with Vertical Distinct.

1. 2 Your participation in the Course is conditional upon your acceptance and compliance with the terms herein as well as any specific terms governing your attendance at a Course, including any registration forms signed. You are deemed to have consented to these Terms by the booking, registration and/or payment towards a course and the attendance at such Course. These terms shall also apply to you even if you change your booking ie transfer your seat or fail to attend the Course. Vertical Distinct reserves the right to amend the Terms at any time and shall post notices of amendments on this site as and when necessary.

2. Local Laws

2.1. This agreement is governed by and construed in accordance with the laws of Malaysia. You irrevocably and unconditionally submit to the jurisdiction of the courts in Malaysia. 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.

3. Terms Governing Attendance and Registration for Events

3.1. These terms govern you if you are purchasing attendance to a Vertical Distinct Course and to your company if they provide the payment, regardless of attendance or substitution. Such participation includes the benefits listed therein the Registration Form and in correspondence. In the event of conflict of terms, the terms in the Registration Form will take precedence. The Course here refers to any type of course, whether technical, business, certification-led or not, regardless of geography, location, date, venue or time. Registration Forms refer to the registration forms provided by Vertical Distinct.

4. Substitution Policy

4.1You may confirm purchase of attendance at a Course by signing and returning a Vertical Distinct 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 you or your Company. All substitutions are required to be notified at least 5 business days prior to the Course date.

5. Confidentiality

5.1 You covenant to keep all Proprietary Information and any information concerning the management, operations, properties, business or procedures of Vertical Distinct, 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 Vertical Distinct 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 Vertical Distinct.

6. Liability

6.1 You acknowledge and accept that, to the extent permitted by law, Vertical Distinct 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, Vertical Distinct 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 Vertical Distinct in connection with or arising out of such arrangements. Vertical Distinct shall not be held liable for any behaviour resulting from any attendee’s excessive consumption of alcohol at these Courses.

7. Indemnity

7.1 AS A CONDITION OF THE PROVISION OF THIS TRAINING SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VERTICAL DISTINCT AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING LEGAL FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: THE TRAINING COURSE, THE TRAINING MATERIALS AND/OR THE USE OF INFORMATION DURING THE COURSE .

7.2 Under no circumstances, including, but not limited to, negligence, shall Vertical Distinct, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Content, unauthorised access to or alteration of your transmissions or data, the Content or any errors or omissions in the Content, even if advised of the possibility of such damages. You specifically acknowledge and agree that Vertical Distinct is not liable for any conduct of any user.

8. Copyright

8.1 The Attendee acknowledges and accepts that copyright in the whole and/or part of the Event is and remains the property of Vertical Distinct. Action for unauthorised use or access will be taken. The Attendee acknowledges and accepts that the copyright in the training materials delivered remain the property of the trainer.

9. Status

9.1 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.

10. Warrant

10.1 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.

10.2 The information and documents provided on this Web site as well as in any training course you attend is provided “as is” without warranty of any kind, either expressed or implied, including limitation warranties of merchantability, fitness for a particular purpose, and noninfringement.

10.3 Vertical Distinct uses reasonable efforts to include accurate and up-to-date information on our website; it does not, however, make any warranties or representations as to its accuracy or completeness. Vertical Distinct periodically adds, changes, improves, or updates the information and documents on this website as well in any training materials provided by the Trainer and such updates may be done without notice.

10.4 Vertical Distinct assumes no liability or responsibility for any errors or omissions in the content of our website and in the content of any training material delivered during the course. Your use of this Web site is at your own risk. Under no circumstances and under no legal theory shall Vertical Distinct, its suppliers, or any other party involved in creating, producing, or delivering this website’s contents or any training material content, be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of, the website or such training materials.

11. Enforceability

11.1 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.

12. Understanding

12.1 This Agreement in conjunction with the Registration Form signed or communicated to Vertical Distinct 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.

13. Time

13.1 Time is of the essence in dealings with Attendees in relation to these events.

14. Miscellaneous

14.1 An amendment or variation to this agreement is not effective unless it is in writing and signed by the parties. 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. 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. The Attendee further agrees to abide by the terms and conditions of the venue owner where any Course is held, the terms of which may be furnished on request.

15. Cancellation and Refund Policy

15.1 The Attendee acknowledges that no other warranties, representations or acknowledgements, written or verbal, have been made which are not reflected herein. 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, Vertical Distinct maintains the right to cancel the Attendee’s booking by written notification. The Attendee agrees to resolve in good faith any dispute in a spirit of goodwill and compromise through a mediator. 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. Where an invoice has been generated but the registration form has yet to be signed, the issuance of the invoice by Vertical Distinct is deemed to constitute registration by the client for the Course and thereafter, acceptance of Vertical Distinct terms and conditions so applicable.

15.2 Cancellation

i. Cancellation by Vertical Distinct. Vertical Distinct 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 Vertical Distinct’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 Vertical Distinct. 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. The amount for the cancellation fee applicable here shall depend on the notice period given by the attendee to Vertical Distinct and is covered in sub-clause (iv) below. 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

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.

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 Vertical Distinct. 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 Vertical Distinct.
(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 Vertical Distinct 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 Vertical Distinct. Their terms and conditions for assessment or qualification may change from time to time and any participant who takes a Course with Vertical Distinct 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. It is the responsibility of the attendee to pay the relevant and appropriate fees charged by such examination body.
(d) Courses run by Vertical Distinct 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, Vertical Distinct may postpone the course scheduled. In the event this occurs, Vertical Distinct 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.
(e) Some exam fees may be included as part of the course fees charged by Vertical Distinct and if so, will be indicated as such.

16. Registration fees

16.1 All course registration fees are subject to amendment from time to time. While we endeavour to publish the most updated course registration fees, there may be changes that take effect at/around the time of payment. The candidate agrees to pay any differential amount owing, for the registration fee, on notification of the appropriate and correct registration fee. The correct registration fee is as notified by Vertical Distinct itself.

16.2 All exam or any third party fees are charged by third party organisations and we are, therefore, not at liberty to control these charges – when they are increased, by what amount or any additional charges that may have to be borne. While we will endeavour to publish the most current exam and other fees applicable, we take no responsibility for any losses consequent to the notification of these fees. If the exam fees are increased at any time, the candidate agrees to pay the differential amount, on issuance of invoice. Failure to do so may result in non-issuance of the relevant certification until such time as these outstanding fees are paid.

16.3 Prices listed for all the courses described are for the registration fees towards the relevant courses only. They do not include any examination or other fees, unless it has been described as such expressly. The registration fees cover attendance at the entire course and course-ware and supporting learning materials.

16.4 The registration fees for the listed courses do not include applicable local taxes which may vary and which also depend on the country in which the course takes place. Please note that all local taxes or applicable third party costs (on top of the registration fees) shall be borne by the candidate or party who registers for the course.

17. Payment Policy

17. 1 The terms of payment for attendee registrations at any Vertical Distinct event is strictly within seven (7) working days of receipt of an invoice from Vertical Distinct. 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. Where the registration is received less than seven (7) days from the date of the Course, full payment shall be made the day preceding the Event unless prior special arrangements have been discussed and agreed upon. Vertical Distinct reserves the right to charge interest at the rate of 1.5% per month on any overdue account. All invoices and receipts are computer generated and therefore require no signature.

18. Faculty

18.1 The website provides a complete listing of all faculty. However, new faculty members may be announced from time to time. Some courses have more than one faculty member and the final selection of faculty for specific public courses may vary depending on dates and cities.

18. 2 Vertical Distinct reserves the right to make these changes to the faculty running the public courses and will endeavour to update candidates should any changes be made.

19. Brochureware and marketing of the courses or any training events

19.1 All brochureware materials and representations are accurate at the time of publication. They are, however, subject to change and we will endeavour to update all materials as soon as possible. Where a conflict arises between a public course brochure  and the website, the representations on the website shall prevail. Where conflicts arise between a course presented for an onsite or private client, the written representations to the client shall prevail.

19.2 Changes affecting the courses may relate to change of city, venue, date, session times and designated faculty.

19.3 Changes may also be made to the structure of the course, materials provided or the course content. Updates to the materials regularly take place.

20. Copyright, trademarks and logos

20.1 These training materials are copyright the authors and therefore, protected  by copyright laws, including instructions on how to obtain the permission to use copyrighted materials, information on the use and attribution of trademarks and general legal information. Any rights not expressly granted herein are reserved.

20.2 The delivery of courses may  involve the use of both registered and unregistered product names, trade names, trademarks, service names and service marks in various countries around the world.  All use, reproduction, advertisement, display, publication, or transmission of any of these names and/or marks in any media without the prior written consent of the holder of such name or mark, is prohibited to the fullest extent permitted by applicable law. All other names and/or marks listed on the website are the property of their respective owners.

20. 3 The use, reproduction, copying, or redistribution of the Vertical Distinct logo is strictly prohibited without written permission from Vertical Distinct. There may also be third party logos on this website as well as selected course materials, depending on the course topic. The use of such third party logos is done with express permission.

21. Disclaimer

ALL MATERIALS AND SERVICES PROVIDED IN RELATION TO ANY TRAINING OR COURSE PROVIDED, IS PROVIDED “AS IS” OR “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. VERTICAL DISTINCT IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES PROVIDED BY THE TRAINER OR THE TRAINER’S ORGANISATION. VERTICAL DISTINCT IS NOT RESPONSIBLE FOR THE AVAILABILITY OF EXTERNAL SERVICES, AND VERTICAL DISTINCT DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT VERTICAL DISTINCT SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES IN RELATION TO THE PROVISION OF TRAINING. TRAINING MATERIALS ARE NOT PRODUCED BY VERTICAL DISTINCT AND THE CONTENT THEREOF MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE TRAINING MATERIALS BY THE TRAINER PROVIDER. VERTICAL DISTINCT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE TRAINING MATERIALS ON BEHALF OF THE TRAINER AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. VERTICAL DISTINCT DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY TRAINING MATERIALS. VERTICAL DISTINCT AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE TRAINING MATERIALS REGARDLESS OF HOW THE MATERIALS ARE DELIVERED. VERTICAL DISTINCT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH TRAINING MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE.

 

Vertical Distinct – Special Terms on Promotions, Offers or Deals

You Set the Price Campaign

 

1.All offers under this campaign must be received by 21 August 2016.  Proof that the email has been sent is no indication that it has been received.

2.All offers are towards courses which need to take place by 30 November 2016. No postponements are allowed.

3.All offers are applicable to private on-site courses only. This means our campaign is not applicable to our public courses.

4.A 15% non-refundable deposit shall be due and payable at the time your offer is accepted by us.

5.On the basis your offer is accepted, you will be invoiced the amount due and payable. The invoice shall be sent to the email address on record. Full payment based on the invoice received, shall be made 10 business days, before to the first day of the planned course taking place.

6.The other general terms and conditions on this page apply, in particular, the terms of service pertaining to courses which can be viewed above.

7.This campaign does not apply to the following courses :-

  • the Certificate of Cloud Security Knowledge (CCSK) course;
  • HCI’s Strategic HR Business Partner (sHRBP) course.

8.This campaign is only applicable to the delivery of the course and provision of relevant materials to the candidates booked for the course. This campaign does not relate to or include any examination fee (for certification-led courses) which will need to be paid in full by the candidates themselves.

9.The price that is finally agreed upon will include the cost of training provision and any training materials used. The price will not cover provision of any external venue as the expectation is for the training to be conducted on-site at the client’s business premises or any other venue the cost of which is borne by the client. The price does not cover any catering provision either.

10.All offers shall be made via the online form available on our website and shall be completed in full. Incomplete offers run the risk of being disqualified from this campaign.

11.All offers made can relate to one or more courses available. There is no limit on the number of courses this campaign applies to.

12.If an offer is made that relates to more than one course, additional information shall be provided, at the time of the offer, to indicate the offer made for each individual course.

13.All offers shall be specific and measurable. There shall be no provision for incomplete/pending/to-be-determined information, in which case such offers shall be disregarded.

14.All offers shall relate to the specified number of people nominated and specified course. If the number of people or the course – and any other variable factor – should change after the point the offer is made, a new offer will need to be made that cancels the prior offer. The new offer may or may not be accepted.

15.All offers are considered confirmed and binding when the offer is accepted. Acceptance will be indicated by Vertical Distinct via email confirmation. Once offers are accepted, any cancellations will be governed by the cancellation terms as indicated on this website.

16.All offers can be accepted for courses in either the Technology or Human Resources vertical.

17.An offer is not a guarantee that the course will be conducted. It is the first step towards the process, the second step involves a consideration of the offer made. If it is a well-considered serious offer, it may be accepted.

18.This campaign is available in the cities in which we advertise all of these courses, but is not limited to only these cities.

 

Vertical Distinct – Terms of Service Pertaining to Roundtables and/or Business Functions Delivered

A.For Attendees at these Events
1. These terms govern you if you are attending (“the Attendee”) a forum, meeting, briefing, roundtable or cocktail gathering (“the Event”) that is organised/delivered by Vertical Distinct, whether in partnership with others or alone and whether such attendance is paid or complimentary.

2. Substitution Policy. The Attendee may confirm his attendance at such an event by completing and returning the nominated registration document which may differ from event to event. Such confirmation may be made through an online form you complete, an email sent in to indicate interest or confirm attendance, a verbal confirmation, fax confirmation or payment towards attendance (if it is a paid event). Substitutions may or may not be acceptable and will be determined according to the particular requirements of the Event. In any case, any substitution if accepted, shall be communicated with at least 24 hours notice prior to the Event date.

3. Confidentiality. The Attendee covenants to keep all Proprietary Information and any information concerning the management, operations, properties, business or procedures of Vertical Distinct, which is or may be exchanged with the Attendee and which is not in the public domain secret and confidential. The obligations in this Clause shall continue to apply after the Event. The Attendee hereby acknowledges and accepts that Vertical Distinct may forward certain information concerning the Attendee’s participation to the Speakers and to the Sponsor(s) (where applicable) of such Event. Should the Attendee not be agreeable to any of the information that may be forwarded, the Attendee shall communicate the same to Vertical Distinct.

4. Liability. The Attendee acknowledges and accepts that, to the extent permitted by law, Vertical Distinct shall be under no liability to the Attendee 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, Vertical Distinct 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 Vertical Distinct in connection with or arising out of such arrangements. Vertical Distinct shall not be held liable for any behaviour resulting from the Attendee’s excessive consumption of alcohol.

5. Indemnity. The Attendee hereby indemnifies and holds Vertical Distinct 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 Vertical Distinct. 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 any registration Form signed or email/verbal communication to Vertical Distinct 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, Vertical Distinct 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.

B. For Collaborating Partners
1. These terms govern you if you are a Collaborating Partner. The HR Breakfast Roundtables are organised by Vertical Distinct and a number of these Breakfast Roundtables are joint collaboration initiatives between Vertical Distinct and selected third parties (“the Collaborating Partner”) who choose to collaborate with Vertical Distinct to present a Roundtable.

2.A Roundtable event is considered confirmed with the Collaborating Partner once a registration form is signed by the Collaborating Partner.

3.The Collaborating Partner shall work with Vertical Distinct in a timely manner to ensure that the deliverables for the Roundtable are met . Timelines and deliverables shall be outlined to the Collaborating Partner once the signed Roundtable registration form is sent in.

4. While Vertical Distinct works in a collaborative fashion to design and plan the look and feel of the Roundtable, final decisions on the Roundtable pertaining to product, programme, look and feel, email or other marketing campaigns issues resides with Vertical Distinct.

5. Cancellation. Cancellation of any kind, once the campaign has started, midway through a campaign or even a postponement, for whatever reason, will result in cancellation fees being applicable. Cancellation within two weeks of the Roundtable registration form being sent in will result in a cancellation fee equivalent to 50% of the Roundtable Fee. This will include the charges imposed by the hotel. Cancellations taking place after the first two weeks of the Roundtable registration form being sent in will result in a cancellation fee equivalent to 100% of the Roundtable Fee. The Roundtable Fee is the fee to be paid by the Collaborating Partner as outlined in the registration form.

6.All speakers nominated and agreed upon, who present at the Roundtable are confirmed in advance. No substitutions shall take place without advance notice and agreement, such notice not being less than nine (9) weeks from the designated Event date.

7.Payment Policy

7.1 All payments are strictly due within seven (7) working days of receipt of an invoice from Vertical Distinct.

7.2 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.

7.3 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.

7.4 Vertical Distinct reserves the right to charge interest at the rate of 1.5% per month on any overdue account.

7.5 All invoices and receipts are computer generated and therefore require no signature.

7.6 Where an invoice has been generated but the registration form has yet to be signed, the issuance of the invoice by Vertical Distinct is deemed to constitute registration by the Collaborating Partner for the service and thereafter, acceptance of Vertical Distinct terms and conditions so applicable.

8.All terms that apply under Section A. For Attendees at these Events from Clause 3- 16 also apply to Collaborating Partners.

Last updated Jan 2017.


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