www.attendink.com and the Attendink apps is owned and operated by Werebits Sdn. Bhd. (Company No. 936437-D), registered in Malaysia. These terms and conditions govern your use of Attendink apps and website, and by using the apps and website you accept these terms and conditions in full. If you disagree with any part of these terms and conditions, you must not use our apps and website.
In these terms and conditions, "Page Content" means the information contained on the publicly accessible pages of the Attendink apps and website which can be viewed without user registration; "Documents" means the agreement templates available for download and/or transmission by e-mail, on receipt of user identification information; and "Services" means the chargeable services available from Attendink via the secure section of this apps and website after a user registration has been accepted and processed.
"Attendink" is a registered trade mark, and except where otherwise stated, Attendink owns and reserves all intellectual property rights in the apps and website, including the Page Content, the Documents and the Services. You may view, download (for caching purposes) and print the Page Content of the apps and website. Any Documents you download, or which are e-mailed to you as a result of registering your identification details on the apps and website, are subject to separate licence conditions, which you must accept prior to first use. The Services are subject to separate Terms and Conditions for the Supply of Services, which you must accept prior to first use.
Attendink has prepared the Page Content of this apps and website with reasonable skill and care, but does not warrant that all the Page Content is complete or accurate. You are responsible for verifying the facts and opinions contained within the Page Content before entering into any commitment based on them. The Page Content is provided free of charge and you acknowledge that it would be unreasonable to hold Attendink liable in respect of this apps and website and the Page Content contained on it, including any and all links to external sites.
Limitation of liability
Attendink liability is limited and excluded to the maximum extent permitted under applicable law, and Attendink will not be liable for any direct, indirect or consequential loss or damage arising from the use or misuse of this apps and website, the Page Content, the Documents or the Services, whether arising in tort, contract or otherwise, including (without limitation) any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated cost savings, save only that nothing in these terms and conditions shall exclude or limit Attendink liability for fraud, death or personal injury caused by its negligence.
Changes to this apps and website
Attendink pursues a policy of continuous product development, and does not commit to ensure that all Page Content on this apps and website remains available or that it is up-to-date at any particular point in time. These terms and conditions may be revised periodically and it is your responsibility when using the site to check this page to ensure you are familiar with the current version.
Attendink does not guarantee that your use of this apps and website and your access to the Page Content, the Documents and the Services will be uninterrupted and/or error-free.
While Attendink endeavours to ensure this apps and website is free from viruses, this cannot always be guaranteed. As with all Internet sites, you are strongly advised to install adequate and up-to-date virus-checking software on your computer. To the maximum extent permitted by law, Attendink excludes all responsibility and liability for any viruses or any other computer code, files or programs designed to interrupt, restrict, destroy, limit the functionality of or compromise the integrity of any computer software or hardware or telecommunications equipment which may be transmitted with or as part of this apps and website.
Other important information
Terms and Conditions for the Supply of Services
In this Agreement, the following expressions shall have the following meanings:
"Attendink" means attendink.com, owned by Werebits Sdn. Bhd., a company registered in Malaysia under the company number 936437-D.
"You" and "your" each mean you, the company or business wishing to subscribe to and use Attendink's Services;
"this Agreement" means these Terms and Conditions for the Supply of Services, which shall apply to your use of the Services;
"Contact" means a named individual whose details are provided in the context of performing or amending a User Registration;
"Designated Contact" means a named individual in your organisation authorised to make changes to your User Registration and IP Registration and responsible for receiving all notices under this Agreement, who shall be the first Contact to register you as a User unless and until you change the Designated Contact using any procedure provided by Attendink for this purpose;
"Feedback" means the online facility provided by Attendink from time to time for Users to report User Registrations and/or IP Registrations which Users believe (in their reasonable opinion) to be incorrect, false or misleading;
"Event Registration" means the set or sets of details entered or accepted by you on the System to describe Event owned by or under development in your company or other enterprise, using forms provided on the Attendink apps and website;
"Attendink apps and website" means the mobile screens, web pages and their associated functionality provided by Attendink at www.attendink.com and Attendink apps;
"Price List" means the schedule of Attendink's available Services and accompanying charges, as published on the Attendink apps and website and updated from time to time;
"Services" means any and all of the products and services which may be offered by Attendink from time to time for the registration, classification, authentication and location of companies, organisations and individuals who register as Users and the registration, classification, verification, location and valuation of their intellectual property;
"System" means the technical facilities provided by Attendink in order to deliver the Services, including the Attendink apps and website;
"User" means any company, organisation, trading entity or business unit which is the subject of a User Registration; and
"User Registration" means the set or sets of details entered or accepted by a User on the System to describe the User's company or other enterprise, using forms provided on the Attendink apps and website.
The headings in this Agreement are for ease of reference only and shall not affect its interpretation.
Throughout this Agreement, whenever the context so requires, the singular shall be construed to include the plural and vice versa, and the use of any gender shall include all genders.
References to any statute, enactment, order, regulation or similar instrument shall be construed as references to the statute, enactment, order, regulation or instrument as from time to time amended, consolidated, modified, extended, re-enacted or replaced.
Your attention is also drawn to the Attendink apps and website Terms and Conditions, which shall govern your use of the Attendink apps and website.
- Commencement, term, suspension and termination
- This Agreement shall commence at the date and time Attendink records your acceptance of its terms, whether online or in writing, and shall continue in force until terminated in accordance with the provisions of this clause.
- You agree that you have no right to cancel this Agreement or payment for any of the Services after Attendink has received and commenced processing of your subscription.
- Subject to clause 2.2 above, you may terminate this Agreement by cancelling your Attendink subscription by giving 30 day's notice in writing to expire at any time, in accordance with clause 12 below. At the end of the 30-day notice period, Attendink will close your account and remove your User Registration and Event Registration from the Attendink apps and website and will issue a refund to you to a value equivalent to any applicable credit balances held against your account relating to charges for Services, with the exception of subscription charges, for which no refund shall be payable.
- Attendink will issue you with one or more reminders to notify you in advance when your subscription is due for renewal. If you do not respond to this reminder by renewing your subscription prior to its expiry, Attendink shall be entitled to interpret such non-payment as a breach of clause 3 and to treat your decision not to renew as a notice of cancellation.
Attendink may at its sole option suspend one or more of the Services immediately and without refund or payment of compensation if one of the following events occurs:
- you are unable to substantiate the content of your Event registration following Attendink's request in response to Feedback placed by another User;
- you are found to be in breach of the "Fair Use" policy described in clause 7.4 below.
Attendink may at its sole option issue you notice terminating this Agreement immediately reserving all rights including damages by way of an indemnity or otherwise if one of the following events occurs:
- you fail to make payment for any of the Services when due in accordance with clause 3 below;
- your User Registration is associated with placing Feedback which is (in the reasonable opinion of Attendink) false, defamatory, obscene or malicious;
- your Event Registration infringes the Event ownership of another;
- you breach any of your other obligations under this Agreement (and, where such breach is capable of remedy, you have not remedied the same within 14 days of Attendink's notification of the breach).
- Your obligations under clauses 4, 6 and 9 shall survive the termination of this Agreement.
- Payments and charges
- You agree to pay for the Services you wish to use at the rates set out in Attendink's Price List and published on the Attendink apps and website from time to time (including any applicable service charges taxes or other taxes) using a payment method approved by Attendink, unless alternative arrangements have been confirmed by Attendink in writing.
- Attendink reserves the right to review its charges or change the manner in which charges shall be paid by giving prior notice on the Attendink apps and website.
- Attendink will apply expiry dates to some of the Services you purchase. In particular, but without prejudice to the generality of the foregoing (and unless alternative arrangements have been confirmed by Attendink in writing), all enquiry credits you purchase will expire after 12 months.
- Attendink may notify your Designated Contact prior to the expiry of any Services and invite you to renew them, and will refer any and all queries regarding payment or usage of the Services to your Designated Contact, who will be responsible for their resolution.
- Where you make payments by credit, debit or charge card, you agree to provide such further information as Attendink may reasonably request to verify your identity in order to process such payments successfully and to comply with security procedures which may be imposed by card processing companies from time to time.
- Your use of the Services
- You acknowledge that the purpose of the Attendink apps and website and of the Services is to provide you and other Users with a convenient means to view certain information relating to User Registrations and Event Registrations. You agree that it would be impractical and unreasonable for Attendink to verify all such information present on the System, and if Attendink were to attempt to do so, Attendink would not be able to offer the Services other than at greatly increased cost. You further acknowledge that Attendink provides the Services at a price that does not reflect any benefit you may obtain from them. You also accept that information held on the System will change over time, and that Users (rather than Attendink) are responsible for keeping the content of the Services accurate and up-to-date, in order to meet the obligation set out in clause 4.3 below.
- You agree not to place reliance on the information provided by the Services when entering into any commercial agreement. In particular, you agree that it is wholly your responsibility to conduct further and necessary due diligence prior to entering into any undertaking or contract with another Event User, including (but not limited to) verifying the facts on which any Event valuation has been based.
- You agree to use your reasonable endeavours to ensure that your User Registration and Event Registration with Attendink are truthful, accurate, comprehensive and up-to-date, and to make all necessary changes in a timely manner (whether or not Attendink identifies a need for them to be updated and informs you accordingly).
- If your Event Registration is subject to Feedback which, in the reasonable opinion of Event, casts doubt on your Event or your ownership of it, Attendink shall be entitled to place a mark against your Event Registration visible to other Users and notify you by e-mail with a request for further information in respect of your continued use of the Services. If you do not respond satisfactorily to Attendink's notification with further information within 14 days, Attendink may at its sole option suspend your Event Registration in accordance with clause 2.5 above until such time as satisfactory information is provided.
- You agree not to place any false, defamatory, obscene or malicious Feedback against other Event Registrations.
- You agree that, having regard to all the circumstances, the contents of this clause are fair and reasonable.
- Attendink's obligations
- Attendink will supply the Services with reasonable skill and care.
- Attendink will use its reasonable endeavours to provide access to the Attendink apps and website 24 hours a day and 365 days a year, except for those periods of System downtime necessary in order to perform scheduled or exceptional maintenance or to upgrade Services or improve System performance. Attendink will use its reasonable endeavours to keep any such downtime to a minimum and to provide users with advance warning of any such downtime, to be provided online via notifications posted after User log-in.
- You agree that Attendink owns the copyright in all formats, functions and content contained within the System and embodied in the Services.
- Your use of the System does not confer any rights to use Attendink's registered and unregistered trade marks nor to use any of the components of the System including (but not limited to) the methods used to classify businesses activities and Event other than by using the Services as permitted in this Agreement and in the ordinary course of your business.
- You acknowledge that the goods or services which are described and categorised in Event Registrations present on the System relate to intellectual property belonging to a User of the Services, and you agree not to infringe the Event rights of Attendink or its Users by copying or disseminating information provided by the Services other than by using the facilities provided for this purpose on the Attendink apps and website.
- Information disclosure and "Fair Use" policy
- Your User Registration and IP Registration can only be amended and updated by your Designated Contact, who will also be the recipient of any and all notices issued under this Agreement by Attendink from time to time.
- You agree to keep all your log-in and password details secure and confidential, in order to prevent unauthorised access to or usage of the System.
- You agree that Attendink may display your User and Contact details to other Users and their Contacts entitled to have access to the Services.
- Under the principle of "Fair Use", Attendink will not disclose your identity to companies whose details you search and view when using the Services, except when required to do so by a court of law or when one of the following applies:
- you have made enquiries against a user of the Services, and such user subsequently demonstrates to Attendink's satisfaction that it has reasonable grounds for believing that its copyright or other Event rights have been breached and that such breach could have occurred as a result of enquires made using Attendink's database; or
- you choose to send a message to another user of the Services using public or private messaging facilities provided by Attendink, including posting of information onto any forums or Feedback facilities, thus causing your details to be shared; or
- you otherwise request Attendink to divulge your details.
- "Fair Use" also applies to your use of the search facilities provided by the System and delivered using the Attendink apps and website. Attendink reserves the right to suspend System access immediately and without notice for any Contact where its Systems indicate that the Contact is attempting to trawl the System (whether or not using automated means) and infringe Attendink's database rights.
- The Services provide you with a means to set preferences for the level of detailed disclosure which EVENT applies to your Event Registration. You acknowledge that it is your responsibility to ensure that the settings relating to your Event Registration are appropriate to your circumstances, notwithstanding any default settings that Attendink may apply.
- Attendink will not disclose elements of your Event Registration which you choose not to put on public display, except when required to do by a court of law or when one of the following applies:
- You update your Event Registration in a manner which causes the default settings applied by Attendink to be varied, and you do not amend these settings when presented to you on the System at the time of updating; or
- The elements of your Event registration which are displayed are subject to adverse Feedback which, in the reasonable opinion of Attendink after due investigation, would be withdrawn or resolved if further information already registered with Attendink were to be displayed. Under these circumstances Attendink will e-mail your Designated Contact to recommend disclosure of further information and you will have 14 days to determine whether to amend the settings applied to your Event Registration. If you fail to respond to Attendink's communication within the designated timeframe, Attendink may at its sole option update your registration so as to remove the Feedback.
- You agree that Attendink may incorporate anonymised information obtained from your enquiries into reports for other Users to enable the level of interest in different types of Event Registration to be tracked.
- You agree that, having regard to all the circumstances, the contents of this clause are fair and reasonable.
- Continuous improvement
Attendink pursues a policy of continuous improvement of the Services, including (but not limited to) refinement and addition of system features, classifications, definitions, calibrations and external links. You therefore agree that Attendink may, at its sole discretion, update the classification applied to your User Registration and/or Event Registration in order to ensure that these do not become out of date or more difficult for other Users to find. Should your User Registration or Event Registration be subject to any updates, Attendink will inform you at the time of the change and provide you with a link to review and amend the updated information.
- Limitation of liability
- Attendink does not warrant that your use of the Services or of the Attendink apps and website will be uninterrupted or error-free.
- To the fullest extent permitted by law, Attendink excludes any and all liability arising from your use, non-use or misuse of the System and/or the Services, for any loss of profit, business, contracts, revenues or anticipated savings howsoever arising, or for any special indirect or consequential loss or damage.
- Under clause 6 above, you are not permitted to make copies of any information contained on the System other than for your own personal use and then only by use of the facilities contained on the Attendink apps and website. Accordingly, Attendink excludes any and all liability (whether arising in tort, contract or otherwise) for direct or consequential losses incurred by any third party which is or may be attributable to any information passed to such party by you which is or should be displayed on the System, and you hereby agree to indemnify Attendink against, and hold Attendink harmless from, any such claim.
- Nothing in this clause 9 shall limit Attendink's liability for death or personal injury caused by Attendink's negligence.
- Force Majeure
Attendink shall not have any liability in respect of any delay in carrying out or failure to carry out any of its obligations under this Agreement caused by any circumstances outside its reasonable control.
- Entire agreement and applicable law
- This Agreement, together with the Attendink apps and website Terms and Conditions, constitutes the entire agreement between Attendink and you and supersedes all other agreements, statements, representations or warranties made by or between either or both of the parties. In particular, but without prejudice to the generality of the foregoing, this Agreement supersedes any terms and conditions appearing on or referred to in any purchase order, acknowledgement or other document issued by you.
- If there is any discrepancy between this Agreement and the Attendink apps and website Terms and Conditions, this Agreement shall prevail.
- No waiver, alteration, variation or addition to this Agreement shall be effective unless made in writing on or after the date of this Agreement by both parties and accepted by an authorised signatory of both parties.
- The interpretation, construction, effect and enforceability of this Agreement shall be governed by Malaysian law, and the parties agree to submit to the jurisdiction of the Malaysia Courts.
All notices, documents and other communications (a "Notice") to be given under this Agreement shall be in writing and shall be transmitted by first class post or by facsimile or other electronic means in a form generating a record copy to the party being served at the relevant address provided by each party. Any Notice sent by post shall be deemed to have been duly served three working days after the date of posting. Any Notice sent by facsimile or other electronic means shall be deemed to have been duly served at the time of transmissio
- Attendink reserves the right to amend this Agreement from time to time by adding or varying clauses, having given prior notice on the Attendink apps and website.
- If any term or provision in this Agreement shall be held to be illegal or unenforceable, in whole or part, under any enactment or rule of law, such term or provision or part thereof shall to that extent be deemed not to form part of this Agreement but the validity and enforceability of the remainder of this Agreement shall not be affected.
- The waiver or forbearance or failure of a party in insisting in any one or more instances upon the performance of any provisions of this Agreement shall not be construed as a waiver or relinquishment of that party's rights to future performance of such provision and the other party's obligations in respect of such future performance shall continue in full force and effect.
- Attendink may use subcontractors to deliver some or all of the Services via the Attendink apps and website, at its option.
- You may not assign the benefit of this Agreement without the prior written consent of Attendink, such consent not to be unreasonably withheld.