DISC Flow Malaysia offers a range of learning and development products and services to clients. By ordering any of DISC Flow Malaysia products and services, clients agree to the following terms and conditions of business. Unless otherwise agreed by DISC Flow Malaysia in writing, the supply of products and services by DISC Flow Malaysia is not subject to any other terms and conditions requested or supplied by the client, including terms and conditions incorporated into any purchase order document or other document issued by the client.
- DISC Flow Malaysia is the trading name of ET Potential.
- Fees and Payment: Unless otherwise stated the price will be in MYR excluding any applicable sales taxes and payment is required in the same currency at the point of purchase or within 30 days from the day of the invoice. If DISC Flow Malaysia is required to confirm a Purchase Order document on invoices, the Purchase Order document must be supplied to DISC Flow Malaysia in advance of delivery of products and services. If any payment is not received within 30 days, DISC Flow Malaysia shall be entitled to cancel or suspend any further performance or delivery of products and services and charge interest on the unpaid amount at the lowest of the following: the rate of 2 per cent (2%) per month on the overdue amount, compounded daily, calculated from the date of the invoice; or the maximum rate of commercial interest permissible by law until payment in full has been received.
- Costs and Expenses: The choice of venue and associated costs for any event are the responsibility of the client. DISC Flow Malaysia will charge clients for all reasonable expenses incurred in relation to the provision of products and services, including but not restricted to all travel, hotel accommodation and meals for the facilitator(s).
- Cancellation: Cancellation of services by clients will be subject to the following charges:
- Cancellation within 28 – 15 days from date of intervention: 50% of fees and materials costs and 100% of non-recoverable expenses.
- Cancellation within 14 – 1 day from date of intervention: 100% of fees, materials costs and non-recoverable expenses.
- Delivery: Any dates quoted for delivery or performance of the products and services are approximate only, and while DISC Flow Malaysia will use all reasonable endeavours to meet the proposed timetable, DISC Flow Malaysia shall not be liable for any claims resulting from any delays in performance howsoever caused. In particular, clients must ensure that DISC Flow Malaysia receives all the information requested (including completed DISC Flow Malaysia Evaluators) by the dates required. Failure to supply this information timeously may affect DISC Flow Malaysia ability to provide its goods and services.
- Intellectual Property: All intellectual property rights used or generated by DISC Flow Malaysia in the provision of the products and services (including all rights in software) shall be the exclusive property of DISC Flow Malaysia. Clients are not entitled to amend, modify, copy, adapt or re-use DISC Flow Malaysia’ intellectual property or in any way, alter, obliterate, conceal, or copy any intellectual property rights of DISC Flow Malaysia. Clients must not copy, produce, make, modify, manufacture, supply or assist any other party to copy, create, make, alter, manufacture or supply DISC Flow Malaysia products, services, or any material incorporating DISC Flow Malaysia intellectual property or any part thereof for use, sale, or other purposes. The products and services and the related intellectual property rights cannot be used and/or delivered by or to unauthorised participants or third parties in any way.
- Data Protection & Privacy: DISC Flow Malaysia data protection and privacy policies as amended or updated from time to time apply to the provision of products and services by DISC Flow Malaysia. DISC Flow Malaysia current data protection and privacy policies can be found at www.discflowmy.com.
- Liability: DISC Flow Malaysia shall use reasonable skill and diligence in the delivery and performance of products and services. However, all warranties and representations are excluded to the fullest extent permitted by law and DISC Flow Malaysia shall be under no liability in respect of any deficiency in the products and services and shall not be liable for any consequential or indirect loss whatsoever which arises out of or in connection with the supply or use of products and services.
- Bribery & Corruption: DISC Flow Malaysia has a zero-tolerance approach to bribery and corruption. Clients are requested to report any instance of suspected or actual improper conduct by any DISC Flow Malaysia employee or other person engaged by DISC Flow Malaysia in confidence to DISC Flow Malaysia’ managing director at the address set out above.
- Dispute:The DISC Flow Malaysia will attempt in good faith to resolve any dispute or claim arising out of or relating to the provision of its products and services through negotiations. These terms of business and the provision of products and services shall be governed by the laws of Malaysia unless otherwise agreed.
- Precedence: In the event that DISC Flow Malaysia enters into an agreement for the supply of products and services with a client and there is any conflict between the terms of that agreement and these standards terms of business, the terms of the agreement for the supply of products and services shall take precedence.
For further information, please contact:
DISC Flow Malaysia