Terms And Conditions

Yayasan Bina Kesejahteraan,is a foundation primarily involved in receiving, managing and administering fund for the purpose of education, charitable, public welfare and other community services including human capital development program (the "Hosting Organisation", "us", “YBCare”, "we" or"our") is the organizer of the event specified on the registration form (the “Event”).

Object

The following pages contain our Terms and Conditions ("Terms") applicable to the Event, in relation to the registration, participation online voting (if any), and where applicable cancellation of the attendees ("you", "your", "yours") of the Event whether physical or virtual with the use of video or web conferencing tools/platforms. We reserve the right to reject any request notably for an Event, it deems inappropriate. 

Binding effect

Upon submission of your completed online registration form, you are considered ‘registered’ (pending payment, where applicable). Please note that by submitting your registration, you agree to these Terms without modification and you enter into a binding contract with us when you purchase a ticket to or register for the Event (including if the Event is free of charge). 

Where no online registration form is required by us, you may be invited via other means (e.g. Outlook or other tools) to attend the Event. In such circumstances, you agree to these Terms without modification and you enter into a binding contract with us when you purchase a ticket to, or follow the subscription process applicable for the Event (including if the Event is free of charge). Upon submission of your subscription, you are considered “registered” (pending payment, where applicable).

If you purchase a ticket to or register for the Event on behalf of an entity, you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will also refer to that entity. If you do not have such authority, or if you do not agree to any portion of these Terms, please do not purchase a ticket to or register for the Event.

Programmes changes

It may be necessary to change the Event content and timing of the programme, the speakers, the date or the venue at any time prior to the Event. In that case, we will notify you and you will be given the opportunity to cancel your registration, according to Section 3. Should you decide to cancel your registration for these grounds, we are not responsible nor liable for any costs and/or expenses you may incur due to the cancellation of your registration. 

Language

We may translate these Terms into other languages for your convenience. The English language version is the version that governs these Terms. In case of any conflict between the English language version and a translated version, the English language version will prevail.

Payment of fees (where applicable)

If the Event is not free of charge, you undertake to pay the relevant fees (all taxes included) as specified on the registration form if you wish to attend the Event. The fees shall be paid in accordance with the conditions set out on the registration form. In the absence of specific conditions on the registration form, the fees shall be paid in accordance with the payment terms as set out on the invoice, but in any case, before the beginning of the Event. 

Registration confirmation

You agree and understand that your registration for the Event is subject to our confirmation that will be sent to you via email. We are entitled to deny your registration without cause.

Cancellation by the Hosting Organisation

The Hosting Organisation may at any time, with or without giving notice, in its absolute discretion and without giving any reason, cancel your registration and/or cancel or postpone the Event, whether physical or virtual, change its venue or any of the other published particulars, or withdraw any invitation to attend. In case of cancellation of your registration by the Hosting Organisation and/or cancellation of the Event by the Hosting Organisation, the paid Event fees (if any) will be reimbursed to you in due time subject however to the provisions of section 11. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In case of postponement of the Event, the paid Event fees (if any) will not be refunded by the Hosting Organisation. Should the Event be postponed or cancelled, we are not responsible nor liable for any costs and/or expenses you may incur due to the postponement and/or cancellation of the Event.

Cancellation of registration by you

If the Event is free of charge, we kindly ask you to inform the Hosting Organisation should you suddenly not be able to participate. That way, we can admit prospective participants on the waiting list to participate instead. 

Without prejudice to the following section entitled “Right of withdrawal”, if the Event requires payment of fees, cancellation conditions will be set out on the registration form or in the subscription process. In the absence of specific conditions, cancellation is possible up to two (2) weeks (fourteen (14) calendar days) before the start of the Event without payment of any cancellation fees except for the credit card transaction fee.

Without prejudice to the following section entitled “Right of withdrawal”, in case of cancellation at a later time, or in case of no show, all fees remain due. We would however be pleased to accept a substitute participant without additional costs provided that you abide by these Terms in respect of the substitute participant. Should you decide to cancel your registration or withdraw, we are not responsible nor liable for any costs and/or expenses you may incur due to the cancellation of your registration.

Right of withdrawal (where applicable)

Notwithstanding the foregoing, provided that you are a consumer – which therefore excludes YBCarestaff and/or YBCare Members delegates registering in the course of their professional activity – you have a right of withdrawal of fourteen (14) calendar days from the day of your purchase or your registration to the Event (whichever the later) without having to provide a justification [please note that you will not benefit from a right of withdrawal if (i) you are not a consumer, that is you are not an individual acting for purposes which are wholly or mainly outside your trade, business, craft or profession, and/or if (ii) these Terms are fully performed by the Hosting Organisation within the fourteen (14) days withdrawal period (e.g. if you purchase a ticket for an Event taking place in seven (7) days’ time, you cannot attend that Event and then exercise your right of withdrawal)]. The withdrawal period will expire after fourteen (14) days from the day of your purchase or your registration to the Event (whichever is the later). To exercise the right of withdrawal, you must inform us by email at wefasean2025.my@gmail.com or by mail at the address of the Hosting Organisation (as specified on page 1 or in the email) of your decision to withdraw from the registration for the Event by an unequivocal statement (e.g. a letter sent by post or e-mail). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal: If you have the right to withdraw and that you actually withdraw from the registration for the Event, we shall reimburse to you all fees received from you (if any) pertaining to the registration, including the costs of delivery (if any), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from the registration for the Event. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. 

Delegate pack

In most circumstances, papers will be issued on the day of the Event. This documentation is made available only to those attending the Event. This documentation is provided for your personal use and may not be reproduced, shared or distributed (whether in whole or part) by any method whatsoever without prior written permission given to you by the copyright owner. 

Travel and hotel accommodation (where applicable)

You are fully responsible for making your own travel and accommodations arrangements. It is recommended that you check your visa requirements with your local embassy or consulate. 

We will not be liable for any travel or accommodation formalities and/or expenses or if you are unable to attend the Event due to a Force Majeure event or any event out of our control. We recommend you to subscribe appropriate insurance against cancellation as well as to have adequate health and accident insurance

Assistance – Dietary requirements (where applicable)

If you need any special assistance (e.g. in relation to a person who is blind/visually impaired or a person with a physical disability, please contact the event organizer in advance by email to arrange such assistance at the Event.

Where applicable, you will be given the opportunity to mention any dietary requirement in the registration form and/or through the subscription process.

Data Protection

By registering and/or by participating to the Event wherever physically or virtually via video conferencing or web conferencing platforms/tools, you acknowledge that your personal data will be collected and processed by us in order to organize such Event and manage your participation, as further detailed in our Privacy Notice for Events, which you acknowledge having read. Please note that your data may be shared with the Organization for which you work for, for staff management purposes, to allow the YBCare to ensure adequate follow-up and best services to its members.

Photography and filming

By registering and/or by participating to the Event wherever physically or virtually via video conferencing or web conferencing platforms/tools, you acknowledge that certain sessions and/or social functions may be, photographed and/or filmed and/or web streamed and that some of these photos and video recordings can be used for the minutes of Event/meeting, news, promotional purposes, future marketing materials, illustration, information and dissemination activities via YBCare’s own websites or inclusion on YBCare’s social media pages which may process personal data according to their own policies. In some cases, online audio and/or video recordings are accessible only to YBCare Members via log-in. Participation in the Event (whether online or not), indicates your consent to being included in the meeting’s recording. Should you have any concerns about this, or do not wish to be featured in any of these materials, please approach the Event planner and inform her/him on the day of the Event. However, you are advised that incidental inclusion of some images of yourself within any recording or photos may take place. Photos and recordings will be publicly available. 

Online Voting

By registering and/or participating to an Event including an online vote, you acknowledge that your personal data such as your name, email address, phone number, country and organization will be processed by the YBCare in accordance with our Privacy Notice for Events (see Point 7 on Data Protection) to set-up the voting process. This may imply the transfer of such data to our contracted online voting platform in order to allow you to receive a voting invitation, to register for the vote and to cast your vote. As a candidate, you also accept that any additional information you choose to provide to the YBCare for the purpose of presenting your nomination (including but not limited to your photo, motivation statement and bio) may also be transferred for such purpose.

By casting your vote via online voting platform, you consent that we may processes your data for the purposes of voter identification, voter authentication, ballot completion, ballot verification and the establishment and presentation of the voting results in accordance with its own Terms of Service and own Privacy Policy. Pursuant to these Terms of Use, ballots are kept anonymous. Each ballot is tied to a unique access key, rather than a voter's name or ID. This means no information about the voter is stored with the ballot and there is no way to determine which voter cast which ballot. Administrators, including the YBCare, can see WHO voted, but not individual voting choices.

Votes may be summarized to show the results and how many votes were received for each choice on each position or question. However, please note that the results of the votes may be tallied in accordance with each YBCare Assembly, Committee’s specific rules, should you wish more details you are invited to contact the Event planner.

Intellectual property

For the purposes of these Terms, “Intellectual Property Rights” are any and all rights (including without limitation copyright, trademarks, trade names, know-how, design software applications, websites, rights in databases, compilations and designs, moral rights) and prerogatives, registered or not, arising from the Malaysian and international legislation on the protection of notably patents, design, trademark, as well as know-how and trade secrets.

You agree that all elements made available by the Hosting Organisation or made available via the Hosting Organisation in connection with the Event, including, without limitation, notes, records, studies, reports, brochures, drawings or other documents and tangible items including images, texts, comments, graphics, illustrations, logos, icons, the Hosting Organisation’s brand and products names, are (i) the exclusive property of the Hosting Organisation, and/or of its licensors and (ii) could be protected by Intellectual Property Rights. The Hosting Organisation reserves all rights not expressly granted under these Terms. Except as explicitly authorized by the Hosting Organisation in writing, they may not be sold, licensed, rented, modified, used, distributed, copied, reproduced, transmitted, publicly displayed, publicly performed, published, adapted, edited or translated, in whole or in part by you to any third party outside of the other registered participants for the Event. These Terms do not grant to you any license nor any right to use these elements made available to you except where such use is limited to the purposes of your attendance to the Event. 

Subject to the provisions of Section 12, should you decide to share at the Event, notes, records, studies, reports, brochures, drawings or other documents and tangible items including (or not) Intellectual Property Rights, you are responsible to secure that you have all necessary authorizations to share such material, content and/or information during the Event. You understand and agree that the Hosting Organisation is not responsible for any further use and/or disclosure of such material, content and/or information by any other participant to the Event and/or third-party outside of the Event. You also understand and agree that the Hosting Organisation may use such material, content and/or information for the minutes of the Event in accordance with these Terms. 

Force majeure

The Hosting Organisation will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by events outside its reasonable control ("Force Majeure event") and in such circumstances the Host Organisation may not reimburse any paid Event fees. A Force Majeure event means any event which is beyond our and/or your reasonable control, including but not limited to, Act of God, fire, flood, lightening, storm, earthquake or other climatic or meteorological catastrophes, failure or delay of common carrier or impairment or lack of adequate transportation facilities, accident or repair to machinery, act of sabotage including but not limited to piracy or hacking, embargo, government requirement or action including the imposition of sanctions by any country against Switzerland or a country in which a party is registered or a country in which the Event is deemed to be staged, war, civil or military authority, terrorism and industrial dispute, strike or labour disturbance, regulatory change or change in law, or any event or circumstance which puts at risk or endangers the health, safety or security of our and/or your personnel, which prevents and/or affects the performance of these Terms and/or the staging of the Event, and could not have been prevented, avoided or remedied by the party affected by the Force Majeure event (i.e. the party not able to perform) taking reasonable precautions (“Force Majeure Event”). Performance under these Terms is deemed to be suspended for the period that the Force Majeure event continues to affect performance. We and/or you will use our reasonable endeavours to bring the Force Majeure event to a close or to find a solution by which our and/or your obligations under these Terms may be performed despite the Force Majeure event.

Marketing

Please note that individuals and organisations cannot exhibit or hand out marketing material or other printed matter during the Event, unless by seeking prior consent of the Hosting Organisation. 

Individuals and organisations wishing to display such marketing materials may contact us at wefasean2025.my@gmail.com

Conduct at the Event

We are dedicated to making the Event a safe place for all. 

You shall not display any content, adopt a conduct, or incite any person to commit an act, which:  

  1. is threatening, libellous, defamatory, or obscene;
  2. would constitute a criminal offense, give rise to civil liability, or otherwise violate law in any manner;
  3. infringes the intellectual property, privacy, or other rights of any third parties; or
  4. con stitutes or contains false or misleading statements.

You consent also not to hack or use our infrastructure for unethical, illegal or malicious activities.

We may at any time, with or without giving notice, in our absolute discretion, rescind your registration or attendance at the Event in case of violation of these Terms without incurring any liabilities to you and/or any third party. In such event, all paid Event fees will not be reimbursed, and all Event fees shall remain due.

Liability

You are required to keep your personal belongings (including your computer and/or other devices) with you at all times and we accept no liability for damage to, or loss of, personal belongings. We do not accept any liability for any loss (including, without limitation, theft) occasioned on our premises and/or on any premises of any Event being staged at external venues save for any damages caused directly by our negligence in which circumstances and, to the extent permitted by law, our liability shall be limited to your paid Event fees.

To the extent permitted by law, we, and our affiliated companies as well as any video conferencing or web conferencing platforms’ system provider for the Event and each of its and their respective officers, directors, and other partners and employees, shall not be liable under any circumstances, whether in contract, or otherwise, with respect to the damages suffered  in relation with the organisation and/or your registration for and/or participation to the Event for: (a) any indirect, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, loss of data, additional personnel costs or other intangible losses (even if we have been advised of the possibility of such damages), and/or (b) the cost of procurement of substitute services, and/or (c) any matters beyond our reasonable control, including Force Majeure event. You hereby expressly waive all claims against any of the aforementioned organisation and/or physical person for any of the aforementioned damages. 

You understand and agree that we expressly disclaim all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. By way of example, you hereby expressly waive all claims against us, against any and all of our affiliated companies as well as against any video conferencing or web conferencing platforms’ system provider for the Event for any of the following, understanding and agreeing that no warranty is made herein that (a) the Event will meet your requirements or expectations; (b) the Event will be uninterrupted, timely, secure, and/or error-free; and/or (c) the results that may be obtained from attending the Event will be accurate or reliable. 

In case of your registration for and/or participation to an Event:via video conferencing or web conferencing platforms/tools, you are responsible for securing that you have all authorizations to register to the Event, attend the Event and to that effect to also have an appropriate Internet connection, equipment and compatible browser software in order to utilize the video or web conferencing platform/tool and participate to the Eventand if you have decided to upload and/or share material, content, data and/or any information, you are responsible for securing that you have all authorizations to upload and/or share such material, content, data and/or information in the frame of the Event; you agree to indemnify us in case of any third party intellectual property rights claim infringement. You acknowledge that we are not responsible nor liable for (i) any further use of such material, content, data and/or information by any participant and/or by any third party during and/or after the Event and/or (ii) any loss, interception, storage and/or use of such material, content, data and/or information across systems that are not controlled by us where for example the Event is attended via video conference or web conferencing platforms/tools.

Entire agreement –
Contract with third-party website and/or platforms/tools

These Terms constitute the entire agreement and understanding between you and the Hosting Organisation and they supersede all previous agreements, arrangements and understandings between you and the Hosting Organisation relating to the same subject matter. You confirm that you have not relied upon any statement, representation or understanding that is not expressly set out in these Terms and that you shall have no remedy in respect of any statement, representation or understanding which is not expressly set out in these Terms.

You may be required to register for and/or participate to the Event via third-party registration website and/or video conferencing or web conferencing platforms/tools. We make no representation or warranties and shall have no liability or obligation whatsoever in relation to the content and/or your use of any such third-party website and/or platforms/tools, and any contract and/or terms of use you may have entered into and/or accepted with any such third party is strictly between you and the relevant third party.

Update of Terms & Conditions, Governing Law and Jurisdiction

These Terms are effective from 30 October 2024 and shall apply to your registration for and/or your participation to the Event. We may update these Terms at any time. Consequently, you are invited to regularly refer to the latest Terms in effect when you proceed to a registration and/or subscription. You agree that these Terms will be exclusively governed by the laws of Malaysia, without giving effect to any conflicts of law principles. Any dispute, claim or controversy arising out of, connected with or relating to the conclusion, validity, interpretation or performance of these Terms and/or ulterior agreements that could arise therefrom, will be under the exclusive jurisdiction of the competent courts of Malaysia remaining reserved for the constellations as provided by law.